[1] Whether future bonds or conditional bonds are subject to seizure (affirmative)

[2] Whether a local public official who has served for not less than 20 years can seize the claim for honorary retirement allowances before determining the person eligible for honorary retirement allowances (affirmative)

[1] If future bonds or conditional bonds which may be created can be identified as of the present and are expected to be created in the near future, they may be seized.

[2] In light of Article 6-2(1) of the Local Public Officials Act, Articles 3, 4, 5, and 7 of the Regulations on the Payment of Honorary Retirement Allowances, etc. for Local Public Officials, if a public official who has served for not less than 20 years voluntarily retires during the period of not less than one year before the date of his retirement, he may receive the payment after filing an application for voluntary retirement allowances, unless there is any ground for disqualification under Article 3(3) of the above Payment Rules. Thus, in the case of a local public official who has served for not less than 20 years, there is any legal relationship that serves as the basis for the voluntary retirement allowances, and it is reasonable to specify the ground for the occurrence and the third debtor, and thus, it is possible to seize the claim for voluntary retirement allowances even before the public official becomes eligible for the voluntary retirement allowances. Since it is uncertain whether the public official should file an application for voluntary retirement allowances or application for the payment of voluntary retirement allowances, or if it is inevitable in the budget, it is not clear that it may occur in the near future.

[1] Article 557 of the Civil Procedure Act / [2] Article 57 of the Civil Procedure Act, Article 66-2 of the Local Public Officials Act, Articles 3, 4, 5, and 7 of the Regulations on Payment of Honorable Retirement Allowances, etc. for Local Public Officials

[1] Supreme Court Decision 82Meu508 decided Dec. 26, 1982 (Gong1983, 61)

Korea Exchange Bank, Inc.

The debtor

Daegu Metropolitan City Dong-gu

Daegu District Court Order 2000Ra179 dated July 21, 2000

The order of the court below is reversed, and the case is remanded to Daegu District Court Panel Division.

According to the provisions of Article 66-2 (1) of the Local Public Officials Act, where a public official who has worked for not less than 20 years voluntarily retires before his retirement age, he shall be paid an honorary retirement allowance within budgetary limits, and under the above provision, in extenuating circumstances in the budget, the scope of persons eligible for the payment may be limited, and in the case of application for the payment of honorary retirement allowances, the head of the local government shall determine the persons eligible for the payment after deliberation by the personnel committee. According to the records, even though it is apparent that the debtor's working period is not less than 20 years. However, even if the debtor applies for voluntary retirement and the family debtor applies for voluntary retirement, it is unclear whether the debtor is determined as the person eligible for the honorary retirement allowance by the head of the local government, and as long as the payment of the honorary retirement allowance can be restricted due to budgetary reasons, it cannot be deemed that the debtor's claim against the third debtor for the honorary retirement allowance should occur in the near future. Accordingly, the appeal against the re-appellant is dismissed.

However, we cannot accept the above judgment of the court below.

Future bonds or conditional bonds can also be seized if they can be specified in the current and near future rights (see Supreme Court Decision 82Meu508, Dec. 26, 1982). If a public official who has served for not less than 20 years voluntarily retires before his retirement age, the Local Public Officials Act may pay honorary retirement allowances within budgetary limits (Article 66-2(1)). A public official who is eligible to receive honorary retirement allowances under the delegation shall have served as a public official for not less than 20 years and voluntarily retired from the post for not less than one year before his/her retirement age (Article 3(1)), but the head of a local government may limit the scope of eligible to receive honorary retirement allowances if it is inevitable in the budget (Article 3(2)), and the amount of honorary retirement allowances shall be calculated in accordance with the attached Table; if the public official has served for not less than 20 years prior to his/her retirement age, the head of a local government shall give public officials an application for the payment of honorary retirement allowances within 30 years prior to his/her retirement age.

Therefore, the court below dismissed the re-appellant's appeal on the ground that the claim for honorary retirement allowances of this case against the garnishee who had been assigned to local public officials for at least 20 years cannot be deemed to be a considerable degree to occur in the near future, and thus it cannot be seized. It erred by misapprehending the legal principles as to the character of honorary retirement allowances of local public officials or the subject of seizure, which affected the conclusion of the judgment. The

Therefore, the order of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Cho-Un (Presiding Justice)