공무원재직기간합산불승인처분취소
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. A person who wishes to receive benefits under the Public Officials Pension Act and the subordinate statutes, who intends to obtain benefits under the Public Officials Pension Act and the subordinate statutes, shall obtain specific rights by filing an appeal suit against the decision where the defendant refuses or decides to grant benefits that recognize only a certain amount of money, and it is not allowed to immediately seek confirmation of the right or demand payment of benefits through a party suit against the defendant without specific rights.
(see, e.g., Supreme Court Decision 2008Du5636, May 27, 2010; Supreme Court Decision 93Nu18532, Sept. 15, 1995). Such a legal doctrine applies likewise to cases where not only a lawsuit is brought to seek confirmation of the right to receive specific benefits, but also to cases where seeking confirmation of the status that forms the premise of the right to receive specific benefits.
In the same purport, the lower court is justifiable to have determined that the part of the lawsuit in this case’s claim for confirmation is unlawful as there is no benefit of confirmation. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal
2. As to the claim for revocation
A. As to the appeal by Plaintiffs A and B, the above Plaintiffs appealed on the part of the lower court’s claim for revocation. However, the appeal and the appellate brief submitted by the above Plaintiffs are not indicated in the grounds of appeal on this part.
B. Regarding the remaining plaintiffs' appeals, the legislative intent of the adding-up system under the Public Officials Pension Act, the tenure of office is the basis for determining the kinds and amounts of the public official pension benefits, and the Public Officials Pension Act shall be finalized until the retirement, and the public official who has restricted the period of application for adding-up or retired public officials shall apply for