The judgment below

Of them, the part against the Plaintiff regarding the disposition of recovering the amount of pension shall be reversed, and this part of this case shall be applied.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the lower court rejected the Plaintiff’s assertion that the time when the Plaintiff acquired qualification as a national pension subscriber around April 1999, deeming that the Plaintiff acquired qualification as a national pension subscriber around April 199.

In light of the relevant legal principles and records, the judgment of the court below is acceptable, and there is no error of misconception of facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Regarding ground of appeal No. 2

A. Article 9(1)1 of the Addenda to the National Pension Act (amended by July 23, 2007), and Article 9(1)1 of the National Pension Act provides that a certain amount of pension from the date on which he/she reaches the age of 60 (hereinafter “special old age pension”) shall be paid to a person who is aged between 50 and under 60 as of April 1, 199 and whose insurance coverage period is between 5 and 10 years before he/she reaches the age of 60.

In addition, Article 57 (1) of the National Pension Act provides that "if a person who received benefits falls under any of the following subparagraphs, the Service shall recover the amount thereof, as prescribed by Presidential Decree." This provision provides that "if the person who received benefits falls under any of the following subparagraphs, the Service shall recover the amount thereof," "if the person has received benefits by fraudulent or other illegal means" (Article 75 and 121 (2) is not reported to the Service on the grounds of extinguishment of entitlement to benefits under Articles 75 and 121 (2) or the benefits have been paid erroneously because he/she reported it late (Article

In full view of the contents and purport of the provisions of the National Pension Act and the unique characteristics of the revocation of beneficial administrative dispositions in the area of social security, in the case of the disposition to recover the amount of benefits erroneously paid by the party who received the benefits pursuant to the above provision, whether there is a cause attributable to the party such as intentional negligence or gross negligence.