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(영문) 서울행정법원 2016.06.09 2015구합82136
기타(일반행정)
Text

1. Of the instant lawsuit, the part on damages for delay caused by the nonperformance of the obligation to pay a retirement pension.

Reasons

1. Basic facts

A. Illegal investigation of the deceased of the security headquarters investigators 1) The plaintiffs' father DozD (hereinafter "the deceased").

(1) The Armed Forces Security Command of around 1973, when the Army was in active service, (hereinafter referred to as the “Security Command of the Armed Forces”).

(2) From December 20, 1970 to March 20, 1973, the deceased was investigated under suspicion that he received a bribe in response to a request for promotion from the Army Headquarters E at the time of his service as the Army Headquarters E. The security officer investigator investigated the deceased by means of violence, intimidation, or adviser, etc. without a warrant, and the deceased led the deceased to commit a crime of bribery at the request of investigators.

(hereinafter referred to as "the illegal investigation of this case") B.

The deceased was convicted of a conviction, and was sentenced to five (5) years of imprisonment (including confiscation) with prison labor on April 28, 1973 at the KAF General Council of the Army (including confiscation and collection) at the time of the conviction, the deceased appealed against the conviction (73 Assistant Military Service No. 97). On July 30, 1973, the KAF conference revoked the above judgment and sentenced five (5) years of imprisonment with prison labor (including confiscation and collection) with prison labor on April 28, 1973.

(73. 3) The Deceased appealed again to the above guilty portion by Supreme Court Decision 73Do2526, but on December 11, 1973, the judgment dismissing the appeal was rendered on December 11, 1973. (4) As the judgment of the above appellate court became final and conclusive on December 11, 1973, the Deceased was automatically removed pursuant to Article 40 subparagraph 4 of the former Military Personnel Management Act (amended by Act No. 2979 of December 31, 1976) and Article 10 (2) subparagraph 4 of the former Military Personnel Management Act (hereinafter collectively referred to as the "former Military Personnel Management Act") and the Minister of National Defense notified the Deceased of the fact of ex officio removal under Article 989 of the Personnel Management Order (A) of the Ministry of National Defense (amended by Act No. 2973).

C. The deceased died on November 4, 2010, and the Plaintiffs were lineal relatives of the deceased on December 10, 2010, which became final and conclusive in the High Military Court.

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