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(영문) 서울행정법원 2020.04.23 2019구합5533
퇴직연금지급정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 19, 1976, the Plaintiff was appointed as a public official of Seoul Special Metropolitan City and began to receive a retirement pension under the Public Officials Pension Act from the Defendant from January 2013 after retirement from office around December 2012.

B. On March 1, 2014, from March 1, 2014, to February 28, 2015, the Plaintiff was reappointed as a public official in the traffic guidance of the Seoul Metropolitan Government Urban Traffic Headquarters and a public official in the B-time fixed-term fixed-term fixed-term position position in the Seoul Special Metropolitan City, which is 20 hours a week from March 1, 2014 to February 28, 2015, and was paid 12,58,000 won (monthly 1,049,000

At the same time, on October 2018, the Plaintiff received the retirement pension under the Public Officials Pension Act 27.60,000 won each month before receiving the notice of suspension of the retirement pension from the Defendant.

C. The Plaintiff continued to extend the service period of public officials on a four-yearly basis, and accordingly, the last service period was set on February 28, 2019.

Article 3 of the Public Officials Pension Act was amended on March 20, 2018 and enforced on September 21, 2018, and Article 3 of the same Act was amended to include flexible-time public officials who were not subject to the Public Officials Pension Act (hereinafter referred to as "term public officials") in the subject of the Public Officials Pension Act.

E. On September 21, 2018, pursuant to Article 29 of the Addenda to the Public Officials Pension Act, the Plaintiff filed an application for adding up the tenure of office to additionally include the period of service as a public official before the enforcement of the same Act.

As a result, since March 2019, the retirement pension has been extended from 2,761,493 to 3,181,690 won per month as the period of service as a public official for the calculation of pension under the same law has expired.

F. On October 15, 2018, the Defendant determined that “the Plaintiff, a recipient of the retirement pension, was appointed as a public official subject to the Public Officials Pension Act following the revision of the Public Officials Pension Act” and thus, the Public Officials Pension Act is applicable.

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