A. Whether the State Public Officials Act as to the grounds for disqualification for appointment applies to public educational officials

(b) Whether a disqualified person is entitled to request a retirement pension under the Public Officials' Pension Act, if he/she is appointed as a public official and actually works;

A. Article 2 (2) 2 of the State Public Officials Act is a public educational official in special service, and Article 2 (2) 2 of the State Public Officials Act aims to stipulate special exceptions to the State Public Officials Act applicable to public educational officials in terms of qualifications, appointment, remuneration, training, and guarantee of the status of public educational officials who serve the whole nation through education (see Article 1 of the Public Educational Officials Act). Thus, it is natural that the State Public Officials Act applies to public educational officials unless otherwise provided in the Public Educational Officials Act. However, there is no exclusion provision on Article 33 of the State Public Officials Act on the grounds for disqualification for public officials under the Public Educational Officials Act (see Article 53 of the Public Educational Officials Act).

B. The retirement pension, etc. under the Public Officials Pension Act is paid when acquiring the status as a lawful public official and retired from office. Since it is impossible to obtain the status of a public official due to an act of appointing a disqualified person whose appointment is null and void, a disqualified person was appointed and actually worked as a public official, and even if the public official pension system has the nature of merit compensation and social security function for service in good faith while in office as a public official, a person who did not obtain the status as a legitimate public official cannot request a retirement pension under the Public Officials Pension Act.

(a) Articles 1 and 53 of the Public Educational Officials Act, Article 2(2)2, Article 33(1) and Article 69 of the State Public Officials Act; Article 46(1) of the Public Officials Pension Act;

B. Supreme Court Decision 95Nu6496 delivered on September 15, 1995 (dong) 95Nu7529 delivered on September 29, 1995

Plaintiff’s General Law Firm, Attorney Seo Young-ro, Counsel for the plaintiff

Public Official Pension Corporation

Seoul High Court Decision 94Gu31275 delivered on May 18, 1995

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Point 1

Article 2 (2) 2 of the State Public Officials Act is a public educational official in special service, and Article 2 (2) 2 of the State Public Officials Act aims to provide for special cases concerning the State Public Officials Act applicable to public educational officials in terms of the unique characteristics of duties and responsibilities of public educational officials who serve the whole nation through education (see Article 1 of the Public Educational Officials Act). Thus, it is natural that the State Public Officials Act applies to public educational officials unless otherwise provided for in the Public Educational Officials Act. However, there is no exclusion provision on Article 33 of the State Public Officials Act concerning the grounds for disqualification for public officials under the Public Educational Officials Act (see Article 53 of the Public Educational Officials Act).

The judgment below to the same purport is correct, and there is no error in the misapprehension of legal principles as to the relations between the general law and the special law, such as the theory of lawsuit.

Point 2

The retirement pension under the Public Officials Pension Act is paid when a person retires while acquiring his status as a legitimate public official, and it is impossible to obtain his status as a public official due to an act of appointing a disqualified person whose appointment is void per year. Therefore, even if a disqualified person has been appointed and actually worked as a public official, and the public official pension system has the nature of merit compensation for service in good faith and social security function as a public official, a person who has failed to obtain his status as a legitimate public official cannot file a retirement pension under the Public Officials Pension Act.

The judgment of the court below to the same purport is correct, and there is no error in the determination contrary to the institutional purport of the Public Officials Pension Act, such as the theory of lawsuit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Yong-sik (Presiding Justice)