1. The part concerning the claim for revocation of each restriction on retirement benefits in the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims.

1. Details of the disposition;

A. On February 18, 2005, while the Plaintiff was appointed as a public official of Seoul Special Metropolitan City on October 1973, the Plaintiff was sentenced to a 4-year suspended sentence for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and for the offering of bribe under the Seoul Northern District Court Decision 2004Dahap513, and the 3-year suspended sentence. The above judgment became final and conclusive on September 28, 2005.

B. Upon the Plaintiff’s filing of a retirement pension with the Defendant on March 28, 2007, the Defendant decided to pay the retirement pension from October 2005 to the Plaintiff on the ground that the Plaintiff constitutes grounds for restrictions on retirement benefits under Article 64(1)1 of the former Public Officials Pension Act (amended by Act No. 9905, Dec. 31, 2009; hereinafter “former Public Officials Pension Act”) and Article 55(1) of the former Enforcement Decree of the Public Officials Pension Act (amended by Presidential Decree No. 21974, Jan. 1, 2010); i.e., “where a person was sentenced to imprisonment without prison labor or heavier punishment due to a cause during his/her service,” and notified the Plaintiff thereof.

(hereinafter “instant No. 1 Disposition”). (c)

However, the Constitutional Court rendered a ruling of inconsistency with the Constitution as to Article 64(1)1 of the former Public Officials Pension Act by ruling 2005Hun-Ba33, Mar. 29, 2007, and decided that the deadline for application of the above legal provisions shall not be later than the time the legislators revised on December 31, 2008. However, the Defendant revoked ex officio the disposition of reduction of retirement pension against the Plaintiff and paid the retirement pension in full to the Plaintiff from the time on January 2009.

After that, Article 64(1)1 of the Public Officials Pension Act (amended by Act No. 9905, Dec. 31, 2009; hereinafter “the Public Officials Pension Act”) is amended to exclude “where a person is sentenced to imprisonment without prison labor or any heavier punishment due to negligence unrelated to his/her duties among the cases of being sentenced to imprisonment without prison labor or any heavier punishment due to a cause in the line of duty,” from the grounds for restrictions on benefits, and the proviso to Article 1 of the Addenda of the Public Officials Pension Act (amended by Act No. 9905).”