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(영문) 대전고등법원 2016.12.15 2016누12286

명예퇴직수당환수처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. While working as an Inspector at the Daejeon District Police Agency, the Plaintiff filed an application for the payment of voluntary retirement and voluntary retirement allowances on the ground that “it is difficult to work because he/she is scheduled to be hospitalized and to perform an operation due to illness, such as urology, etc. on January 7, 2013.”

B. On January 17, 2013, the Daejeon Regional Police Agency, the honorary retirement allowances, and the Special Promotion Review Committee decided whether applicants for honorary retirement, such as Plaintiff, are eligible for honorary retirement allowances and special promotion, and decided on the payment and special promotion of honorary retirement allowances to Plaintiff.

Accordingly, the Plaintiff received KRW 60,596,432 with the honorary retirement allowance and voluntarily retired on February 28, 2013.

C. Meanwhile, on the other hand, the Plaintiff was prosecuted on November 20, 2013, and the first instance court (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2010, 2014. The Plaintiff’s appeal was dismissed on July 15, 2014.

On January 19, 2016, the defendant was notified by the Commissioner General of the National Police Agency of the person subject to investigation related to the recovery of honorary retirement allowances of the purport that "the person subject to criminal punishment should be confirmed by a final and conclusive judgment, etc., and where the person subject to recovery is subject to recovery, it shall be

After January 21, 2016, the defendant shall be the defendant.