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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Article 3(1) of the Basic Pension Act, which was enacted by Act No. 12617, May 20, 2014, effective as of July 1, 2014, provides that a basic pension shall be paid to a person aged 65 or older and whose income is below the amount determined and publicly notified by the Minister of Health and Welfare (hereinafter “standard amount for selection”). Article 3(3) of the same Act provides that a person prescribed by Presidential Decree among those who received a retirement pension, a lump-sum retirement pension, etc. under the Public Officials Pension Act, etc., and his/her spouse shall not be paid a basic pension. Article 5 subparag. 1 of the Enforcement Decree of the Basic Pension Act
According to this item, a person who has received the lump-sum retirement pension or the lump-sum retirement pension deductions under the Public Officials Pension Act shall not be a basic pension beneficiary
B. Upon the enactment of the Basic Pension Act, Article 5(1) of the Addenda to the Basic Pension Act (amended by Act No. 12617, May 20, 2014) provides that “The Mayor, etc. was born before June 30, 1949 from among those excluded from the scope of beneficiaries of basic pensions because the basic pension falls under Article 3(3) of the Basic Pension Act; ② is a beneficiary of basic old age pension under the former Basic Pension Act (repealed by Article 2 of Addenda to the Basic Pension Act (Act No. 12617, May 20, 2014; hereinafter the same shall apply); ③ A person who satisfies each of the conditions that the recognized amount of income does not exceed the standard amount of selection may be paid 50/100 of the standard pension amount as a basic pension” (hereinafter referred to as “instant supplementary provision”); and Article 3(3) of the Basic Pension Act and each of the instant provisions collectively referred to as “each of the instant provisions”).
C. Plaintiff A (C) and his spouse, Plaintiff B received old age pension from the Defendant pursuant to Article 3 of the former Basic Old Age Pension Act, and even after the enactment of the Basic Pension Act, the Defendant received the full amount of basic pension under the Basic Pension Act.
The Suwon-si shall conduct a survey to verify social security benefits in around 2015, and shall make a basic pension.