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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs retired while serving as public officials and became a recipient of retirement pension under the Public Officials Pension Act, and continued to receive retirement pension even after being elected as local council members, including Gu Council members, City Council members, and Do Council members.
B. Article 47(1)2 of the former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015; amended by Act No. 15523, Mar. 20, 2018; hereinafter “former Public Officials Pension Act”) provides that the payment of retirement pension shall be suspended in whole during the period of service even in cases where a recipient of retirement pension is appointed as a public official elected by election, and Article 12(1) of the Addenda (Act No. 13387, Jun. 22, 2015; hereinafter the same) provides that the foregoing amended provision shall also apply to a person for whom grounds for benefits occurred before the enforcement of the above Act, and thus, the retirement pension was not paid to the Plaintiffs for 29 months from February 2016 to June 20, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Where the beneficiary of a retirement pension takes office as a member of the local council under Article 47 (1) 2 of the former Public Officials Pension Act and the proviso of Article 12 (1) of the Addenda of the same Act (hereinafter “instant legal provision”) violates the Constitution for the following reasons. Thus, the defendant is obligated to pay to the plaintiffs the amount of money for which payment is suspended in excess of 1/2 of the retirement pension under the instant legal provision (attached Form 2) and the amount of money for which payment is suspended in excess of 1/2 of the retirement pension under the instant legal provision (attached Form 2). However, in the case of the plaintiff A, the amount equivalent to 1/2 of the retirement pension is paid by disciplinary action, and if it is inevitable to reduce overlapping amount, 20,43,400 won per half of the amount stated “the amount of claim” shall be the amount of preliminary claim) and delay damages.
infringement of property rights, etc.