logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.04.26 2017구합238
연금액 변경처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From January 1, 1988 to April 16, 2012, the Plaintiff (B) maintained the eligibility as a national pension subscriber, and was paid an old age pension from the Defendant since May 2012, 2012, when he reached the age of 60.

B. The Plaintiff and C(D) reported marriage on December 29, 1978, but reported divorce on August 20, 2013.

C. On April 25, 2016, C filed a claim with the Defendant for payment of divided pension and submitted a waiver of the right to receive pension pursuant to Article 64(1) of the National Pension Act (amended by Act No. 15267, Dec. 19, 2017) (hereinafter “instant provision”).

Accordingly, pursuant to Article 8 of the former National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007) (wholly amended by Act No. 8541, Jul. 23, 2007) (wholly amended by Act No. 8541, Jul. 23, 2007) of the date on which the cause for payment occurred on May 13, 2016, the Defendant acquired the right to receive a divided pension that shall be 61 years old.

The decision was made to pay the divided pension and to waive the right to receive the pension.

On May 15, 2017, C submitted a written withdrawal from the waiver of entitlement to pension benefits to the Defendant.

Accordingly, on May 19, 2017, the Defendant decided to pay the divided pension from June 2017 to C, and accordingly, decided to reduce the Plaintiff’s old age pension amount from KRW 813,820 per month to KRW 406,910 per month (hereinafter “instant disposition”).

E. The Plaintiff raised an objection against the instant disposition and filed a request for review to the Defendant, but the request was dismissed.

Accordingly, on July 27, 2017, the Plaintiff was dissatisfied with the foregoing decision and filed a request for reexamination with the National Pension Review Committee. However, on August 31, 2017, the request was dismissed.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Whether the disposition is lawful;

A. For the following reasons, the instant disposition should be revoked on the grounds that the purport of the Plaintiff’s assertion is unlawful.

1. The “Marriage period” stipulated in the instant provision is the substance of the marriage relationship.

arrow