Husband Separated for Over 10 Years Passes Away... Court Rules Wife Should Receive Survivor's Pension

Husband Living Separately for Over 10 Years Due to Infectious Disease
"Spousal Survivor Pension Should Be Based Solely on Marital Status"

A court ruling has determined that a wife who has been separated from her husband for over 10 years due to his infectious disease should receive survivor’s pension benefits.

On the 23rd, the Administrative Division 1-1 of Incheon District Court (Presiding Judge Kim Seong-su) ruled in favor of Ms. A in a lawsuit she filed against the National Pension Service to cancel the decision denying her survivor’s pension entitlement, according to Yonhap News on the same day.

Ms. A, a middle-aged woman who married over 30 years ago, has been separated from her husband Mr. B since 2009. The couple chose to live apart due to Mr. B’s infectious disease, but they did not completely sever their marital ties. Mr. B’s residence was arranged only a 10-minute drive from the house where the couple originally lived, and Ms. A took care of her husband’s meals, laundry, and house cleaning. The couple also attended their children’s weddings and relatives’ funerals together. Until 10 years ago, Mr. B worked and earned money to support not only their children but also his wife. He even sent part of his living expenses to his daughter’s account until shortly before his death in March last year.

National Pension Service Fund Management Headquarters

After her husband’s death, Ms. A applied to the National Pension Service for survivor’s pension based on the old-age pension her husband received before he passed away. Survivor’s pension is a public pension benefit paid to surviving family members to maintain their livelihood after the death of the pension recipient. Eligible recipients include the deceased pension recipient’s spouse, children under 25 years old, and parents over 60 years old. However, if it is clearly confirmed that there is no support relationship, such as in cases of abandonment or disappearance, survivor’s pension cannot be received.

The National Pension Service, after committee review, judged that “the livelihood maintenance relationship between Mr. and Mrs. A is not recognized,” and determined that Ms. A was not entitled to survivor’s pension benefits. Ms. A filed an administrative lawsuit with the court in August last year, claiming that the National Pension Service’s decision was unfair. During the lawsuit, she argued, “We lived apart due to my husband’s infectious disease, but we continued to have contact until his death and maintained our livelihood together as a couple.” She also stated, “As a spouse under the National Pension Act, I am entitled to survivor’s pension benefits,” and “the National Pension Service’s decision is unlawful.”

The court accepted Ms. A’s claims. The reason was that among survivor’s pension recipients, the spouse’s eligibility should be determined based on the actual marital status.

The court explained, “Survivor’s pension is a derivative benefit determined not by paying insurance premiums and receiving corresponding pension benefits, but by marriage or dependency status. Unlike other survivors whose pension eligibility depends on dependency, for spouses, unless there are special circumstances, eligibility should be determined solely based on marital status.” The court ordered the National Pension Service to cancel the decision made against Ms. A in June last year and to bear all litigation costs.