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(영문) 서울행정법원 2016.06.17 2015구합83047
퇴직급여 제한지급 결정처분 취소청구의 소
Text

1. The Defendant’s disposition of restricting the payment of retirement benefits and retirement allowances that the Plaintiff made on December 3, 2015 is revoked.

2...

Reasons

1. Details of the disposition;

A. While the Plaintiff was appointed as a public official on October 15, 1970 and worked in the Office B of the Ministry of Health and Social Affairs in the Ministry of Government Administration and Home Affairs Agreement, on December 7, 1971, the Plaintiff was indicted as a charge of violating the Act on the Control of Administrative Affairs (former Offense: Violation of the Attorney-at-Law Act) and was sentenced to the first instance court on December 7, 1971 and sentenced to the order of additional collection of KRW 8 months and KRW 170,000 (Seoul Criminal District Court Decision 71Da17426, hereinafter "the first instance court on February 24, 1972). On February 24, 1972, the appellate court reversed the first instance judgment and sentenced to suspended execution of two years and additional collection of KRW 170

(Seoul Criminal District Court 71No4927, hereinafter referred to as "Seoul Criminal Court Decision"). The decision subject to a review was finalized on March 3, 1972.

B. On November 27, 1997, the Plaintiff continued to serve ipso facto due to the confirmation of the judgment subject to a retrial, and was issued a ipso facto retirement order retroactively as of March 3, 1972 pursuant to Article 69 of the State Public Officials Act.

(hereinafter referred to as “instant ipso facto retirement”). (c)

On April 22, 1999, the plaintiff was prosecuted as charges of alteration of official documents (as of December 8, 1998) and alteration of official documents (as of December 10, 1998), and was sentenced to a suspended sentence of one year in the first instance on April 22, 199 (as of April 22, 199), and was sentenced to a suspended sentence of one year (as of June 22, 199, Seoul District Court Branch 9Da499), and was dismissed by the appellate court on June 22, 199.

(Seoul District Court 99No4376, hereinafter referred to as the "criminal judgment of this case") d.

On July 23, 2013, the Plaintiff filed a petition for a new trial on the judgment subject to a new trial. On September 27, 2013, the Seoul Central District Court rendered a decision of commencing a new trial on September 27, 2013, and on February 6, 2014, the Plaintiff reversed the judgment of the first instance court subject to a new trial and acquitted the Plaintiff on the ground that “The facts charged in the instant case constitute a case where there is no proof of crime, but there is an error of law by misunderstanding the fact and

(Seoul Central District Court 2013No19, hereinafter referred to as the "new judgment of this case"). The new judgment of this case shall be delivered.

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