1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff served as a public official from June 1974.

The plaintiff voluntarily retired on October 23, 1998, and received the retirement pension from November 1998.

B. On June 7, 1996, the Plaintiff borrowed KRW 110 million from the Hansan Mutual Savings and Finance Company, and agreed to set up the first priority right on the land in Gunsan City B as collateral, and then set up the first priority right on the building to be completed on the ground thereafter.

On October 26, 1996, the Plaintiff obtained a loan of KRW 100 million from the former Mutual Savings and Finance Company, and established the first right to collateral security in the former Mutual Savings and Finance Company with respect to the buildings completed on the ground above B.

C. The plaintiff was above B.

On June 19, 2002, he was indicted for the conduct of this subsection and was sentenced to one year by imprisonment with prison labor in the Jeonju District Court Branch.

The defendant from July 2002 to "when the plaintiff was sentenced to imprisonment without prison labor or heavier punishment due to a reason in the absence of office" (the same shall apply to the previous Public Officials Pension Act (amended by Act No. 9905 of Dec. 31, 2009).

) On the ground that the Plaintiff’s retirement pension falls under Article 64(1)(1) [Article 64(1)1] was reduced by 1/2.

(The above criminal judgment against the plaintiff was sentenced on May 13, 2004 by the appellate court for a two-year period of suspension of execution, and that judgment became final and conclusive on May 21, 2004.

On March 29, 2007, the Constitutional Court rendered a decision that "Article 64 (1) 1 of the former Public Officials Pension Act that limits retirement benefits, etc. even in the case of crimes not related to the status of a public official or his/her duties, does not conform with the Constitution, and Article 64 (1) 1 of the same Act of the same Act of the same Act of the same Act shall continue to remain in force until the legislative amendment is made by the legislators

(The Constitutional Court en banc Decision 2005Hun-Ba33 Decided March 29, 2007). Article 64(1)1 of the former Public Officials Pension Act was not enacted until December 31, 2008. The Defendant paid the Plaintiff the full amount of retirement pension from January 2009 to December 2009.

(g) Gu.