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(영문) 서울행정법원 2019.04.12 2018구합5178
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. The Plaintiff (B) maintained the eligibility to join the National Pension Scheme from June 1, 1994 to December 13, 2012, while acquiring entitlement to an old age pension on December 14, 2012, and received an old age pension from January 2013.

B. The Plaintiff and C(D) reported marriage on March 14, 1979, but on July 11, 2008, reported divorce.

C. On March 9, 2018, C filed a claim with the Defendant for the payment of divided pension pursuant to Article 64(1) of the former National Pension Act (amended by Act No. 15267, Dec. 19, 2017) (hereinafter “instant provisions”). D.

Accordingly, according to Article 8 of the Addenda to the National Pension Act (Act No. 8541, Jul. 23, 2007), the defendant shall acquire the right to receive the divided pension when he/she reaches 61 years of age. On September 30, 2017, the seal shall be deemed the date on which the cause to pay the divided pension arises, and on March 14, 2018, the defendant decided to pay the divided pension from October 2017 to C, and accordingly, the decision was made to reduce the amount of the plaintiff's old age pension from 306,850 won per month to 189,60 won per month (hereinafter "the disposition of this case").

E. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant on March 26, 2018, but the Defendant dismissed the said request for examination on May 29, 2018.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 6, 9 (including branch numbers for additional evidence), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

① The Plaintiff and C married on March 14, 1979 and divorced on July 11, 2008, but C withdrawn around 1990, prior to the commencement of the Plaintiff’s national pension coverage period.

Therefore, there is no substantial marital relationship between the plaintiff and C during the insured period of the plaintiff's national pension.

Even if C reported the transfer at the plaintiff's domicile, it was withdrawn from December 22, 1997 and was separated from the plaintiff.

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