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(영문) 서울고등법원 2018.05.31 2018누35072
퇴직급여 및 퇴직수당 제한지급처분 취소 청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Details of the disposition;

A. From January 1, 2013 to November 19, 2013, the Plaintiff, while working for the Quality Control Group B (hereinafter “Quality Control Group”), was in charge of the management and supervision of D New Construction Works progress in C (hereinafter “New Construction Work”).

B. On December 7, 2015, the Plaintiff filed a claim for a summary order of KRW 7 million with the criminal fact that “a false modification of the construction cost was obtained by defraudation of KRW 35,137,497 of the construction cost by requesting the construction management division of the instant newly constructed construction in collusion with E and the head of the supervision group F, etc., who is the competent official E and the head of the supervision group,” and the summary order was finalized.

C. On December 9, 2015, the head of the agency B notified the Incheon District Public Prosecutor’s Office of the result of the disposition of a public official’s crime related to the claim for the above summary order, and on April 27, 2016, upon the resolution of dismissal of the Central Disciplinary Committee, the Plaintiff was subject to a disciplinary measure of dismissal on the ground of violation of the duty of good faith

(hereinafter “instant disciplinary action”). D.

The Plaintiff filed an appeal review with the Ministry of Personnel Management seeking revocation of the instant disciplinary action, but was dismissed on August 19, 2016.

E. On August 31, 2016, the Plaintiff filed a claim against the Defendant for the payment of retirement pension and retirement allowance. Accordingly, on September 7, 2016, the Defendant rendered a disposition to pay the Plaintiff’s retirement pension and retirement allowance by reducing one-fourths of the retirement benefits and retirement allowances by one-fourths where a public official whose service period is at least five years was at least five years, was subject to disciplinary action due to the acceptance of money and valuables, or the embezzlement or misappropriation of public funds. The Plaintiff’s instant disciplinary action constitutes the instant disciplinary action.

(f) The Plaintiff is dissatisfied with the instant disposition and seeks to revoke the said disposition to the Public Official Pension Benefit Review Committee.

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