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(영문) 서울고등법원 2017.01.13 2016누57207
유족연금승계불승인결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance asserts that, among the reasons for the judgment of the court of first instance, the Plaintiff, at the appellate court, was a person in a de facto marital relationship under Article 3(1)3 of the Public Officials Pension Act, as the Plaintiff’s status of de facto marital relationship was removed solely from the death of C, a spouse under the law of the deceased.

Before the death of the deceased, de facto marital relationship between the plaintiff and the deceased was already terminated due to the death of the deceased, the plaintiff cannot be deemed to be a person in a de facto marital relationship under Article 3 of the Public Officials Pension Act due to the death of the above C.

This part of the plaintiff's assertion is without merit.

In addition, the attached Form "B" prior to the amendment by Act No. 5117 of Dec. 19, 195 of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995) is identical to the reasons for the first instance judgment except for dismissal to the court of first instance. Thus, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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