퇴직급여환수처분무효확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows: 2. The court's explanation about this case is about the plaintiff's argument at the court of first instance.
C.1) Except for adding the following contents at the end of paragraph (1), the reasons for the judgment of the first instance are as stated in the part of the judgment. As such, the part added as is pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2. The Plaintiff’s assertion that an obligation upon completion of extinctive prescription after partial repayment constitutes an abuse of rights against the principle of good faith, and thus, the Defendant’s right to recover is not extinguished. However, the Plaintiff’s partial repayment is justifiable. However, the Plaintiff’s previous disposition that can be enforced by the Defendant in a superior position with public authority (see, e.g., Supreme Court Decisions 2004Da8630, May 13, 2005; 2009Du1804, Dec. 13, 2011; 2009Du1804, etc.) is difficult to view that the Plaintiff’s claim for the return of the extinctive prescription period against the Defendant’s previous decision was made.