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1. The Defendant’s KRW 12,212,358 with respect to the Plaintiff and KRW 5% per annum from May 10, 2015 to March 10, 2017.
Reasons
1. Basic facts
A. On March 19, 190, the Plaintiff was appointed as a local public official on May 4, 2006 and was serving as a public official belonging to the Port Viewing Service. On August 2, 2011, the Defendant was indicted as a prison charge. On August 11, 2011, the Defendant released the Plaintiff from position pursuant to Article 65-3(1)3 of the Local Public Officials Act.
B. On March 22, 2012, the Plaintiff was sentenced to a suspended sentence of imprisonment with prison labor for six months in the Daegu District Court’s branch court for the prosecution of the above crimes of adultery, and was sentenced to a sentence of imprisonment with prison labor for six months at the Daegu District Court, the appellate court, and the judgment became final and conclusive as the dismissal of the appeal.
C. In addition, on December 12, 2013, the Defendant retired ipso facto from office on the ground of the conviction of the adultery. D.
Then, on February 26, 2015, the Plaintiff filed a request for a retrial against a case of adultery with the Daegu District Court on March 13, 2015, based on the Constitutional Court’s judgment on the unconstitutionality regarding the penal provision for the crime of adultery. Accordingly, on May 1, 2015, the Defendant revoked the Plaintiff’s ipso facto disposition against the Plaintiff on May 9, 2015, and at the same time revoked the removal from position pursuant to Article 65-3(2) of the Local Public Officials Act, and the Plaintiff is currently serving as a public official belonging to the Posing Service.
E. On August 12, 2016, when the instant lawsuit was pending, the Defendant paid KRW 141,843,890 to the Plaintiff, excluding performance bonuses, treatment public officials’ allowances, business trip expenses and delay damages, etc. among the benefits or allowances that the Plaintiff had not received during the period of dismissal from position and ipso facto retirement.
[Ground for recognition] Unsatisfy
2. The assertion;
A. The Plaintiff’s assertion: (a) performance bonuses of KRW 8,200,560, and performance bonuses of KRW 11,670,670,00, and performance bonuses of KRW 4,061,930, and treatment officials’ allowances of KRW 4,061,930, and performance bonuses of KRW 11,13,637, and performance bonuses of KRW 637, which have not been paid by the Defendant on May 9, 2015, for the period from August 11, 2011 to May 9, 2015, which were reinstated; (b) performance bonuses of KRW 11,13,637, and performance bonuses of the Defendant during the period from August 2011 to May 9, 2015.