1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 14,750,710, and the plaintiff shall pay to the plaintiff the amount of KRW 14,750.

1. The reasoning for the court’s explanation on this part of the underlying facts is that “A notice was given” in Section 11 of the judgment of the court of first instance, and that part of “A notice was given,” and that on September 28, 2010, the Plaintiff recovered KRW 14,750,750,710, totaling KRW 13,83,160, and overdue interest 917,550, and KRW 14,750, and overdue interest 917,50, and that “No. 3” in Section 18 is as stated in the corresponding part of the judgment of the court of first instance, except where “3 and 5 evidence” are stated in the main sentence of Article 420 of the Civil Procedure

2. Determination on the claim for payment of reduced retirement allowances

A. The plaintiff's assertion that the defendant is liable to pay to the plaintiff the amount of 28,877,440 won, which corresponds to 1/2 of the retirement allowance payable to the plaintiff on the following grounds, and the delay damages from January 22, 2008, which is the retirement allowance payment date.

① On January 22, 2008, before the Defendant’s imprisonment without prison labor or heavier punishment became final and conclusive with respect to the instant crime, the Defendant paid retirement allowances after reduction of 1/2 based on Article 42(1) of the former Pension for Private School Teachers and Staff Act and Article 64(1)1 of the former Public Officials Pension Act. The Defendant’s payment of retirement allowances is a temporary measure taken before imprisonment without prison labor or heavier punishment becomes final and conclusive. As such, the Act at the time when imprisonment without prison labor or heavier punishment becomes final and

② However, with respect to the instant crime committed by the Plaintiff, a sentence of imprisonment without prison labor or heavier on January 30, 2009 was finalized. At that time, Article 64(1)1 of the former Public Officials Pension Act became invalid, and thus, the payment of the Plaintiff’s retirement allowance by reduction of 1/2 was made without any legal basis.

B. According to the Constitutional Court en banc Order 2005Hun-Ba33 (hereinafter “instant decision”), according to the former Public Officials Pension Act provisions and the grounds for provisional application, etc., the instant decision is made until the enactment of the former Act on December 31, 2008, with the deadline of December 31, 2008.