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(영문) 부산지방법원 2014.10.31 2013가단105218
유족연금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 15, 1965, the Plaintiff was living together with B on January 15, 1965 by giving birth to C first children D, and was living separately from December 1967.

B. B reported marriage with E on March 18, 1968, and lived with E and her two children (F and G) began separately from around 1970.

C. The Plaintiff and B had started their living together again for the same year, and they given birth to H second children.

After that, the plaintiff has continued to live with B while gathering the parents of B in Busan Dongdong-gu J.

B was retired from office as a teacher of a private school for 21 year and 8 months, and was issued a retirement pension certificate under the Enforcement Decree of the Private School Teachers' Pension Act on November 20, 1989 by the president of the Private School Teachers' Pension Management Corporation.

E. D and I filed a claim against E to confirm the existence of paternity relation between B and the Gwangju District Court 2004Ddan6349.

E submitted a written reply to the effect that “I was born at the time of de facto divorce with B, but is not legally divorced, and thus reported as a natural father.”

D and I received a favorable judgment on January 18, 2005, which became final and conclusive on February 12, 2005.

F. On April 10, 2007, a report of divorce was made on April 10, 2007 with respect to marriage B and E.

G. B, around October 2007, was hospitalized in the medical college Symnae Hospital at the time of the school of the school of the school of the school of the school of the school of the school of the school of the school of the year. Around May 2011, the Plaintiff was receiving treatment at the hospital affiliated with the Dong University University and the oriental medical hospital, etc., and provided nursing B, including the Plaintiff’s burden of medical expenses.

H. B died on March 31, 2012.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 9, witness K's testimony, the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is entitled to a survivor pension under the Pension for Private School Teachers and Staff Act because he/she was in de facto marital relationship with B at the time of his/her retirement or death.

Although B is independent of the de facto marital relationship with the Plaintiff, it is a legal relationship with the E.

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