Common-Law Spouse of 50 Years... Court Rules "Eligible as Survivor for Civil Servant Pension Succession"

[Asia Economy Reporter Seongpil Jo] A court ruling has determined that a spouse in a de facto marital relationship can also be eligible for survivor's pension under the Public Officials Pension Act. It is a rare case where the court accepted the claim of a de facto spouse rather than a legally married spouse. The ruling is evaluated as broadly interpreting the purpose of the survivor's pension system, which aims to secure the livelihood of survivors supported by public officials.

After 50 Years of De Facto Marriage, Marriage Registration... Pension Succession Application Denied

According to the legal community on the 9th, the Seoul Administrative Court Administrative Division 7 (Chief Presiding Judge Kim Gukhyeon) ruled in favor of plaintiff A in a lawsuit seeking cancellation of the decision to deny survivor benefits filed against the Public Officials Pension Service. The court stated, "Considering the purpose of the survivor's pension system, which aims to secure the livelihood of survivors supported by public officials, A qualifies as a survivor who inherits the retirement pension as the deceased's spouse."

A registered marriage with B, who had ended his public service career as a local agricultural technician (section chief) and was receiving a retirement pension, in March 2006. When B passed away last year, A applied to the Public Officials Pension Service for succession of the retirement survivor's pension, but the application was denied on the grounds that they were not legally married during B's public service. Dissatisfied with this decision, A filed a lawsuit.

The key issue was whether B's legal marriage had been dissolved. B began his public service career as a local clerk in 1952 and married C in 1955. They had two children. B retired in 1986, and at that time, he was still legally married to C. Although C passed away in February 2006, their children were still alive.

Court: "Legal Marriage Dissolved... Must Consider Purpose of Pension System"

After deliberation, the court ruled that B's legal marriage was effectively dissolved and sided with A. The court found, "There is no evidence that B maintained a family with his legal spouse C and their children during his public service period."

On the other hand, it was confirmed during the trial that A had lived with B since around 1970, had two children, and built a family. A prepared ancestral rites for holidays and memorial services, and attended B's retirement ceremony in 1986 as his spouse. A colleague of B testified in court, "I stayed at B's house for two weeks in February 1984, and at that time, B was living with A and their children born between them," supporting these facts.

The court stated, "A lived with B from around 1970, bore and raised children, supported each other, and formed a family together. The mere fact that B's legal marriage with C was not dissolved at the time of B's retirement does not mean that A is not a survivor eligible to inherit the retirement pension."

This content was produced with the assistance of AI translation services.