퇴직일시금처분무효확인
1. The part concerning the claim for designation of a person entitled to retirement pension in the instant lawsuit shall be dismissed.
2. All of the Plaintiff’s remaining claims.
1. Details of the disposition;
A. On August 2, 1988, the Plaintiff was appointed as a local public official at the time of the Government, and was in office as a local public official at Grade 9, and was elevated to Grade 7 local mechanical officers at Grade 7 on November 11, 1992, and was 57 years of age in 2007, and was retired on December 31, 2007, and was subscribed to the National Pension until now from the same day.
B. On January 2, 2008, the Defendant paid the Plaintiff a lump sum retirement payment of KRW 72,708,750 on May 19, 2008.
(hereinafter “instant retirement lump-sum payment disposition”) C.
On July 4, 2012, the Plaintiff filed an application for the aggregation of national pension and occupational pension to the Defendant pursuant to Article 8 of the Act on Aggregation of National Pension and Occupational Pensions (hereinafter “Pension Act”) and Article 2 of the Enforcement Rule of the same Act.
(hereinafter “instant application for connection”) D.
The Defendant rejected the instant application on July 11, 2012 on the ground that “Article 2 of the Addenda to the Pension Act” did not accept the instant application for linkage on the grounds that “Where the public official pension transferred from February 6, 2009 before the date of promulgation of the Pension Connection Act to the national pension, the Plaintiff does not permit the application for linkage, and the Plaintiff does not constitute a person eligible for the public pension
(hereinafter “instant non-permission disposition”). E.
Pursuant to Article 80 of the Public Officials Pension Act, the Plaintiff filed a request with the Public Official Pension Benefit Review Committee for review seeking revocation of the instant non-permission.
The Public Official Pension Benefit Review Committee ("Public Pension Benefit Review Committee") on September 18, 2012, on the ground that "in principle, an application for aggregation of a public pension may begin with the transfer between national pension and occupational pension or between occupational pension and occupational pension after August 7, 2009, the enforcement date of the Pension Aggregation Act, pursuant to Article 8 of the Pension Aggregation Act and Article 2 of the Addenda. In the case of a plaintiff, the plaintiff is not subject to the application for aggregation of a national pension and occupational pension since he/she joined the national pension on December 30, 207, which is before the enforcement date of the Pension Aggregation Act."