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(영문) 서울고등법원 2020.01.23 2019누43698
연금 청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasons for this case are as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary judgment part] Whether the legal provision of this case is unconstitutional because it infringes on the plaintiffs' contractual rights, and the part of one half of the public official's entitlement to retirement pension is pure property and the State bears the contractual obligation to pay one half of retirement pension to public officials. Thus, the State cannot enact the law that infringes on contractual obligations under the principle of the rule of law. Thus, the legal provision of this case is in violation of the Constitution as it infringes on the plaintiffs' contractual rights.

On the other hand, since entitlement to retirement pension is inseparably divided into entitlement to social security benefits and property rights, it has the characteristic that the right to receive retirement pension is not pure property rights even if it is subject to property rights protection (see, e.g., Constitutional Court Order 97Hun-Ma33, Apr. 29, 199; Constitutional Court Order 2000Hun-Ba94, 2001Hun-Ga21, Sept. 25, 2003). The public officials pension system including retirement pension is one of the social security systems that adopted the principle of social adjustment in the principle of insurance, and all public officials under the State Public Officials Act and the Local Public Officials Act except military personnel and public officials who take office by election are forced to join the system as a matter of law (Article 3(1)1 of the former Public Officials Pension Act); the timing and terms of payment of retirement pension and its contents are provided for in the Act (Article 25, Article 42 subparag. 1(a) and Article 46(1)2) and (6)4) of the above Act).

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