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(영문) 대구고등법원 2016.09.30 2016누4318

명예퇴직수당지급대상자취소처분취소등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Details of the disposition;

A. On December 11, 1985, the Plaintiff was appointed as a head of the office, and from December 12, 2013 to December 12, 2013, the Plaintiff served as a postal administration assistant (class VI) in the Postal Postal Postal Postal Postal Postal Postal Department B (Class VI).

B. On October 30, 2014, while the Plaintiff delivered a postal item, the Plaintiff suffered injury that requires seven weeks’ medical treatment, such as the relevant brain-dead, scarcity, scarke, scarke, and pelke, and submitted to the head of Defendant Postal Services on November 3, 2014, the Plaintiff submitted to the head of Defendant Postal Services for retirement as it is difficult to perform his/her duties due to traffic accidents.

C. On December 5, 2014, the president of the Defendant Korea Post selected the Plaintiff as a person eligible for a regular honorary retirement allowance as of December 31, 2014 under Article 74-2(1) of the State Public Officials Act. Accordingly, the head of the Defendant B head of the post office, on December 29, 2014, appointed the Plaintiff to a postal administration officer (special promotion class V) (special promotion) as of December 31, 2014, pursuant to Article 40-4(1)4 of the State Public Officials Act and Article 6 of the Regulations on Personnel Management by Public Officials of Korea Post, and issued a disposition to dismiss a member.

On December 31, 2014, Defendant B issued a notice from the chief of the Dobong Police Station that the investigation was initiated on December 29, 2014 with respect to the Plaintiff’s act of assault (hereinafter “instant act of assault”) as follows, and the Plaintiff sent a notice that the investigation was initiated on December 29, 2014, on December 14, 2014.

E. M.

On December 31, 2014, pursuant to Article 9 and Article 3(3)3 of the Regulations on Payment, etc. of State public officials, honorary retirement allowances, etc. (hereinafter “instant Regulations”), the head of Defendant Korea Post revoked the determination of eligibility for honorary retirement allowances of the Plaintiff, and the head of Defendant B, on January 2, 2015, revoked the issuance of honorary retirement allowances of public officials in postal service (special promotion) to the Plaintiff.

(F) On January 6, 2015, the Plaintiff rendered a non-prosecution disposition (not having the authority to institute a public prosecution) with respect to the instant assault by the dong Branch Office of the Daegu District Prosecutors’ Office.