1. Revocation of the first instance judgment.

2. On December 6, 2017, the Defendant issued a land-based death solatium to the Plaintiff on December 6, 2017.

The reasoning of this court concerning the details and content of the disposition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

Article 3(1)3 of the Public Officials Pension Act (wholly amended by Act No. 15523, Mar. 20, 2018; hereinafter “former Public Officials Pension Act”) provides that the purport of the Plaintiff’s assertion as to the legitimacy of the instant disposition includes a person who has been in a de facto marital relationship with “spouse” included in the scope of “bereaved family” under the foregoing Act.

The above provision concerning the definition of the spouse shall also apply to the spouse under other provisions of the former Public Officials Pension Act, unless otherwise expressly stated that the application is made.

In addition, there is no reasonable reason to interpret differently the spouse who is the beneficiary of bereaved family benefits and the spouse who is the beneficiary of condolence money.

Therefore, a person who was de facto in a de facto marital relationship with a public official at the time of his death falls under the subject of death condolence money and thus, the instant disposition is unlawful on different premise.

The details of the relevant statutes are as shown in the attached statutes.

Judgment

Article 41-2 (2) of the former Public Officials Pension Act provides that "where a public official dies, he/she shall be paid condolence money to his/her spouse, but where he/she has no spouse, he/she shall be paid to a person who is held a funeral and funeral as prescribed by Presidential Decree." In full view of the following circumstances, it is reasonable to interpret that "spouse" as referred to in the foregoing provision includes

The purpose of death condolence money under Article 41-2 (2) of the former Public Officials Pension Act is to inflict mental suffering on the surviving families in the spirit of mutual aid, to relieve the economic burden of surviving families due to funerals, and to contribute to the stabilization of the livelihood of surviving families.

In accordance with the Military Pension Act.