1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 10, 1985, the Plaintiff started school life at the middle school B, and on August 24, 2004, in the case of fabrication of private documents, etc., the Suwon District Court Sung-nam Branch 2004Kadan1584 decided on August 1, 2004, the Plaintiff was sentenced to imprisonment for a two-year period of suspension of execution, and the judgment became final and conclusive on September 1, 2004, and the cause for ipso facto retirement under Article 33 of the State Public Officials Act occurred.

B. On October 31, 2006, the superintendent of education of Gyeonggi-do became aware of the above facts while working at Chigh Schools, and issued a ipso facto retirement to the Plaintiff. The ipso facto retirement was treated retroactively on September 1, 2004, which was the cause of the ipso facto retirement.

Therefore, the plaintiff is not paid a retirement pension or a lump-sum retirement pension under Article 46 of the Public Officials Pension Act because he/she has been paid a retirement pension or a lump-sum retirement pension under Article 48 of the same Act because he/she has been paid a lump-sum retirement pension under Article 48 of the same Act, since the actual period of service as a teacher is 21 years

C. On February 28, 2011, the Plaintiff entered into an employment contract with the Defendant on a contractual teacher (hereinafter “instant contract”) with the term of the contract from March 1, 2011 to February 29, 2012, and the non-fixed-term teacher under Article 5 [Attachment 11] of the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 23497, Jan. 6, 2012; hereinafter the same shall apply) that was in force at that time provide that “the salary class of the fixed-term teacher under Article 32(1)4 of the Public Educational Officials Act shall not exceed 14 salary class” and the guidelines for the operation of the contractual teacher under a contract with the elementary and secondary schools (hereinafter “instant guidelines”) that contain specific details for the enforcement of the said provision.

II. 2. A.

7 In relation to the determination of the salary class of a fixed-term teacher, the salary of the salary class calculated pursuant to the provisions on the Public Officials Remuneration Regulations and the allowances for public officials shall be paid as fixed-term wages: Provided, That where a retired public educational official is appointed on a fixed-term basis, it shall include the recipient of the lump-sum retirement pension for the pension recipient.