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(영문) 서울행정법원 2018.10.26 2018구합58233
퇴직급여 부지급 처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Criminal judgment and disciplinary action against the deceased 1) The deceased F (G students, hereinafter “the deceased”) who is the father of the plaintiffs

On September 1, 1947, the deceased was appointed as a teacher of H People's School located in Ulsan-gun, Ulsan-do. On April 1985, the deceased was employed as an assistant principal of H People's School, and was started on and around April 26, 1985, by police officers of the Busan-si Office and the Northbu Police Station around Busan-si, and was arrested on and around May 9, 1985, and was investigated under illegal confinement until May 30, 1985, the date of issuance of detention warrant. 2) The deceased was investigated by the police officer in the course of the investigation at the Busan-si, Busan-si, which was conducted as an assistant principal of H People's School.

On July 6, 1985, the prosecutor prosecuted the deceased on the charge of violating the National Security Act on the basis of the investigation by the police.

3) On November 27, 1985, the Busan District Court found the deceased guilty of part of the facts charged against the deceased and sentenced the deceased to two years of imprisonment, four years of suspension of execution, and two years of suspension of qualification. The above judgment became final and conclusive around that time. On the other hand, the deceased was released from position on July 6, 1985 on the ground that he was detained due to the charge of violating the National Security Act, etc. on September 30, 1985, and was subject to disciplinary action (hereinafter “instant disciplinary action”).

B. The Truth and Reconciliation Commission’s truth-finding 1) Finding History Settlement Commission for Truth and Reconciliation (hereinafter “Reconciliation Commission”)

(2) At the request of the Plaintiff A, the former History Committee decided to commence the investigation of a espionage manipulation case against the Deceased, and conducted the investigation. (2) On October 2009, the case of a espionage manipulation against the deceased was forced by the police officers of the WOG and the North Coast Guard in Busan City to make a statement through an advisory act without the deceased’s warrant.

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