logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.07.08 2016구합2229
유족연금승계불승인결정취소
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 deceased B (hereinafter “the deceased”) retired on December 31, 1992 while serving as a local public official on October 1, 1970, and died on March 3, 2015 while receiving the retirement pension from the following month.

B. On August 5, 1961, the Deceased and C reported marriage on August 5, 1961 and had eight children among them, and reported divorce on September 27, 1982, and reported marriage again on August 24, 1984.

C. C around March 9, 2015, six days after the death of the deceased, and around March 9, 2015, the deceased died on or around April 3, 2015.

On or before June 15, 2015, the Plaintiff asserted that, by the marriage with the deceased on September 30, 1990, the deceased himself/herself constitutes a bereaved family member as a de facto spouse of the deceased on or before March 3, 2015, and filed an application for succession to a survivor pension pursuant to Article 56(1)1 of the Public Officials Pension Act. However, on June 19, 2015, the Defendant issued a disposition that, during the period from September 30, 1990 to March 3, 2015, the Plaintiff, who claimed that the deceased had a de facto marital relationship with the deceased, was a legal married spouse, and thus, the Plaintiff was unable to succeed to the survivor pension on the ground that he/she does not fall under the bereaved family member under Article 3(1)3 of the Public Officials Pension Act (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, 4 through 9, Eul 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The de facto marital relationship between the Plaintiff and the deceased began from September 30, 1990, and thus, the former Public Officials Pension Act (amended by Act No. 5117, Dec. 1995; Act No. 5117, Dec. 29, 1995; hereinafter “former Public Officials Pension Act”) pursuant to Article 3 of the Addenda to the Public Officials Pension Act (amended by Act No. 5117, Dec. 19, 195);

In accordance with the definition of “spouse” under Article 3(1)2, whether a person constitutes “bereaved family” should be determined. The Plaintiff on March 2015.

arrow