The judgment below is reversed and the case is remanded to Seoul High Court.

1. The decision is made ex officio;

(1) In a party’s lawsuit relating to legal relations under public law, one party to such legal relations shall be the defendant.

(Article 3 subparag. 3 and Article 39 of the Administrative Litigation Act: Provided, That in a case where a plaintiff files an appeal suit against the fact that a party suit should be instituted without intention or gross negligence, the court shall hear and determine the case by requiring the plaintiff to alter the party suit into a party suit, unless it is a case where the requirements for the lawsuit as a party suit are clearly satisfied and thus becomes inappropriate even if the lawsuit is instituted as a party suit.

(2) Article 74-2 of the former State Public Officials Act (amended by Act No. 11489, Oct. 22, 2012; hereinafter “State Public Officials Act”) provides that a person who has served for at least 20 years as a public official voluntarily retires before his/her retirement age shall be paid honorary retirement allowances within budgetary limits (Article 1(1)), and necessary matters, such as the scope of eligible recipients, payment procedure, etc., shall be prescribed by the Supreme Court Regulations, etc.

(4) Article 3(1) of the former Rules on Payment, such as honorary retirement allowances, etc. (amended by Supreme Court Regulation No. 2320, Jan. 31, 201; hereinafter “Rules on Voluntary Retirement Allowances”) enacted upon delegation, a certain judge, public official in general service, and public official in technical service, who voluntarily retires, may be eligible for voluntary retirement allowances (Article 3(1) of the Rules on Voluntary Retirement Allowances). In extenuating circumstances in the budget, the Defendant may limit the scope of eligible for voluntary retirement allowances (Article 3(2) of the Rules), and upon receipt of an application for voluntary retirement allowances under Article 6, the Defendant shall examine it within 30 days after the expiration of the period of application, and determine the eligible recipient for voluntary retirement allowances in consideration of budget, etc. (Article 7(1) of the Rules on