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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 15, 1974, the Plaintiff was dismissed from his position at Busan Metropolitan City C on October 7, 1999, and the Plaintiff was paid KRW 49,839,080,080 calculated by subtracting the amount deducted from the amount deducted from the amount deducted from the amount deducted from the amount deducted from the amount deducted from the lump-sum retirement pension amount of KRW 89,626,060 on November 6, 199.
B. On November 4, 2013, the Plaintiff applied for a basic old age pension to the Defendant and received a pension from around December 2013 when he/she reached the age of 65. As such, the Plaintiff received a basic pension according to the enforcement of the Basic Pension Act.
C. On November 3, 2015, the Defendant received a lump-sum retirement pension for public officials, and paid 50% of the standard pension amount to the Plaintiff as a basic pension. As such, the Defendant recovered KRW 1,507,800 overpaid pension amount from July 2014 to September 2015, and notified the Plaintiff to pay 50% of the standard pension amount pursuant to Article 5 of the Addenda to the Basic Pension Act (Law No. 12617, May 20, 2014) from October 2015.
(hereinafter “instant disposition”) D.
The Plaintiff filed an administrative appeal by filing an objection, but was dismissed on January 26, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On November 6, 199, the Plaintiff asserted that the Plaintiff received a lump-sum retirement pension on the premise that the Plaintiff received a lump-sum retirement pension on the ground that only the statutory interest was added to the contributions paid by himself/herself from the Public Official Pension Service, and did not receive the lump-sum retirement pension.
(b) as shown in the attached Form of the relevant statutes.
C. Under Article 3(3)1 of the Basic Pension Act and Article 5 subparag. 1(a) of the Enforcement Decree of the same Act, a beneficiary of a retirement pension, a lump-sum retirement pension, or a lump-sum retirement pension deductions under Article 42 of the former Public Officials Pension Act (amended by Act No. 6101, Dec. 31, 1999; hereinafter the same) shall, in principle, be a basic pension.