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(영문) 서울행정법원 2015.12.11 2015구합64756
유족연금승계 불가처분취소 청구의 소
Text

1. The Defendant’s refusal to succeed to a survivor pension that was made on May 6, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 31, 1993, while the deceased’s retirement and death Plaintiff’s husband (hereinafter “the deceased”) retired on December 31, 1993 while serving as a public official, and died on April 20, 2015 while receiving a retirement pension from the following month.

B. The Plaintiff and the Deceased reported their marriage on March 5, 199.

C. On April 29, 2015, the Plaintiff filed a claim with the Defendant for the payment of the survivor pension under Article 56(1)1 of the Public Officials Pension Act.

On May 6, 2015, the Defendant rendered a provisional disposition on the ground that “the spouse of a retired public official prior to December 31, 1995, in order to be recognized as a bereaved family member under the Public Officials Pension Act, the marriage relationship between the former public official and the former public official should have been established before December 31, 1995, and the former public official shall be his spouse (including a person who was in a de facto marital relationship) who was supported by him at the time of his death. However, the Plaintiff confirmed that he was married on March 5, 199 with the deceased who was a retirement pension recipient, pursuant to Article 3 of the Public Officials Pension Act and Article 3 of the Addenda to the Public Officials Pension Act (Act No. 5117, Dec. 29, 195), the Plaintiff did not constitute a bereaved family member under the Public Officials Pension Act.”

hereinafter referred to as "disposition of this case"

(i) [Facts without dispute over the basis of recognition, entry of Gap evidence 1, 2, 4, Eul evidence 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff's assertion is the legitimate beneficiary of the survivor pension under Article 3 (1) 2 of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995), which applies in accordance with Article 3 of the Addenda to the Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995) since the plaintiff was in a de facto marital relationship with the deceased from around 1985.

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