퇴직연금 지급거부처분 취소
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.
1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the following judgments are added under the 8th sentence of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. In addition to the additional determination, ① a revocation suit under the Administrative Litigation Act shall be filed within 90 days from the date on which the disposition is known, and one year has not passed after the date of the disposition (Article 20(1) and (2) of the Administrative Litigation Act). A separate from the existence of the disposition of refusal as alleged by the Plaintiff, the Plaintiff filed the instant lawsuit seeking the revocation only after the lapse of one year from July 31, 1986, which was more than that of April 26, 2017, since the Plaintiff filed the instant lawsuit seeking the revocation, the part seeking the revocation of the disposition of refusal of payment of retirement pension as of July 31, 1986 in the instant lawsuit, which was unlawful, because it did not comply with the filing period.
(2) The term "administrative disposition", which is subject to appeal litigation, means an act of an administrative agency's public law, which directly changes in the legal status of the other party or other related persons, such as an act that directly affects the specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects with regard to a specific matter under laws and regulations, and an act inside an administrative agency, which does not cause any direct legal change in the legal status of the other party or other related persons, such as acts, referral, solicitation, and non-powerd facts inside the administrative agency, cannot be subject to appeal litigation (see, e.g., Supreme Court Decision 96Nu6202, Jul. 10, 1998). In addition, the defendant's office notification to the public official pension of the defendant 19 year and nine months to the defendant 19 months
Therefore, this is applicable.