명예퇴직수당지급대상자취소처분취소등
1. All appeals by the Defendants are dismissed.
2. The Defendants shall bear the total costs of the lawsuit after filing the appeal.
1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence of subparagraphs 1 through 5, Eul evidence of subparagraphs 1 through 10 (including the number when it is not indicated specially; hereinafter the same shall apply) and the whole pleadings, and there is no counter-proof.
On December 11, 1985, the Plaintiff was appointed as a member of a house, and from December 12, 2013, the Plaintiff served as a postal administration assistant (class VI) in the Postal Items B to the Gyeongbuk-gu postal administrations B.
B. On October 30, 2014, while the Plaintiff delivered a postal item, the Plaintiff received injury that requires seven weeks’ medical treatment, such as the pertinent, brain-dead, and scarke, and submitted to the head of the Defendant Postal Services a voluntary retirement source to the head of the Defendant Postal Services for retirement because it is difficult for the Plaintiff 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.
After that, on December 31, 2014, the chief of the Dobong-gu Police Station notified Defendant B of the fact that “the Plaintiff had been investigated against the Plaintiff on December 29, 2014 due to the fact of suspicion that it was suspected that the Plaintiff had a verbal dispute that occurred in the course of dialogueing with C, which was the wife on December 14, 2014, and had been divided one time, at the same time.”
E. Accordingly, on December 31, 2014, the head of Defendant Korea Post rendered a decision to revoke the beneficiary of honorary retirement allowances, etc. under Article 9 and Article 3(3)3 of the Regulations on Payment of State Public Officials, honorary retirement allowances, etc. (hereinafter “instant Regulations”), and the head of Defendant B’s post office rendered a decision to revoke the voluntary retirement of the Plaintiff’s public officials in postal service (special promotion) on January 2, 2015.