1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On December 31, 1990, while serving as a public official, the deceased C (hereinafter “the deceased”) retired from office on December 31, 1990, and received a monthly retirement pension after retirement, and died on January 26, 2010.

After that, the deceased's spouse D was paid a survivor pension under Article 56 of the Public Officials Pension Act, and died on December 28, 2010.

B. On December 5, 2014, the Plaintiff, his father and wife, filed an application for succession to a survivor pension with the Defendant to pay the survivor pension to his/her father and his/her grandchild B, and the Defendant, on December 11, 2014, was born to the Plaintiff and B, who was after the deceased’s retirement date, and did not constitute a bereaved family member under the Public Officials Pension Act. Accordingly, the Plaintiff notified the Defendant that succession to a survivor pension is not possible.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The first sentence of Article 12 of the Administrative Litigation Act provides that an action for revocation may be brought by a person who has a legal interest in seeking the revocation of a disposition, etc.

In an administrative litigation, the plaintiff shall be a person whose right has been infringed directly by an administrative disposition or who has legal interest in the lawsuit.

(see, e.g., Supreme Court Decision 73Nu173, Apr. 9, 1974). In other words, an administrative litigation can only be lodged by a person who obtains a direct and specific benefit from the revocation of the pertinent disposition by an administrative agency, and a person who only has a factual or indirect relationship may not file an administrative litigation.

B. (See, e.g., Supreme Court Decision 2002Du1267, Sept. 23, 2003)

An application for the payment of a survivor pension shall be categorized as a public law act of a private person.

It is possible to act on behalf of a private person except in cases where representation is not allowed by law or is not allowed by nature, and legal relations based on representation are based on the general principles of civil law.