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(영문) 서울행정법원 2013.12.24 2013구합56973
재직기간합산불승인처분취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was a judicial trainee from October 15, 1973 to September 30, 1975, and was appointed as a prosecutor on November 10, 1978, and was retired on October 7, 1995.

B. On January 2013, the Plaintiff filed an application with the Defendant for adding up the period of service, which was a judicial trainee, to the total period of service as a public official.

C. On February 13, 2013, the Defendant notified the Plaintiff that the approval of the said application is not possible on the ground that “the sum of the periods of employment is serving as a public official, and the application cannot be filed after retirement” (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that any provision of the Public Officials Pension Act does not limit the scope of the public official status holder to the public official status holder.

Article 24 (1) of the Public Officials Pension Act amended in 1995 stipulates that a request for aggregation of the period of office shall be submitted within two years from the date of appointment as a public official, but the revision of 2009 abolished the said time limit so that it conforms to the original purpose of the Public Officials Pension Act, such as the stabilization of livelihood and the enhancement

Even though the defendant is not based on the administrative convenience theory, the defendant interpreted the qualification for application as a public official who is in office as a public official.

In addition, if the above interpretation of the Public Officials Pension Act or the above interpretation is inevitable, the provisions of the Public Officials Pension Act itself discriminates against a person who maintains his status as a public official and a person who loses his status without any grounds, and thus, violates the principle of equality.

In addition, the Public Officials Pension Act before it was amended in December 1979 is "not including public officials who take temporary or conditional office."

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