Divorce after 17 years of separation after 2 1/2 years..."You can't split your spouse's pension".

The first trial ruled that the revised law should be applied even if the National Pension Act divorced before December 2017, when the National Pension Act was revised, based on the "real marriage period" when dividing the old-age pension.

The Seoul Administrative Court ruled in favor of Mr. A in a lawsuit filed against the National Pension Service asking him to cancel the change in the pension amount.

The court said that A divorced before the National Pension Act was revised, but since the "Constitutional Nonconformity Decision" was made on the supplementary provisions that did not retroactively apply the revised National Pension Act, the law cannot be applied before the amendment.

At the same time, if the new law is applied, the former spouse does not fall under the "spouse with a marriage period of more than five years during the national pension period," so he cannot be considered to have the right to receive A's old-age pension.

Mr. A started separating from his spouse, whom he married in 2000, after 2 years and 6 months, and has lived separately for more than 10 years. I got divorced in February 2017.

According to the revised law, the National Pension Service calculated the marriage period of the two to 78 months by 2013 and reduced A's pension to 50%, but A filed a lawsuit claiming that the actual marriage period is only two and a half years.