logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.10.13 2014다234032
채무부존재확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Prior to the amendment by Act No. 11767, May 22, 2013, of the former Pension for Private School Teachers and Staff Act.

c. Article 2 of the former Private School Pension Act (hereinafter “former Private School Pension Act”).

According to Article 32(1) of the Public Officials Pension Act, where a retired public official is appointed as a teacher and staff member and applies for the aggregation of his/her tenure of office, he/she may add the tenure of office under the Public Officials Pension Act to the tenure of office (Article 32(1) of the Public Officials Pension Act); where a person who intends to add his/her tenure of office is recognized by the defendant, he/she shall return the amount of retirement benefits received at the time of his/her retirement (where he/she is subject to the restriction on the amount of benefits under Article 64 of the Public Officials Pension Act, the amount of benefits to be received when he/she has no such restriction) to the defendant (the main sentence of Article 32(2) of the Public Officials Pension Act), but where a person who has been recognized to add his/her tenure of office is a recipient of a retirement pension, etc., he/she shall, instead, transfer the amount equivalent to the retirement pension, etc. which he/she is entitled to receive under the Public Officials Pension Act to the defendant (Article 52-2).

arrow