Whether the obligation to pay retirement allowances to a retired public official after becoming a new local government due to the amendment of the Local Autonomy Act (negative)

In light of the purport of the amended Local Autonomy Act, when a local government is abolished, established, divided, or merged, the local government newly established under its jurisdiction succeeds to its affairs and property. In light of the organization management of administrative agencies under its jurisdiction, the guidance and supervision of affiliated administrative agencies and organizations, the personnel management, welfare, education, etc. of public officials under its jurisdiction, it is reasonable to deem that the Gu under its jurisdiction of Seoul Special Metropolitan City succeeds to the employment contract relationship between Seoul Special Metropolitan City and public officials under its jurisdiction and the Seoul Special Metropolitan City. The Gu does not succeed to the obligation of the public officials under its jurisdiction to pay retirement allowances to the public officials

Article 5 of the Local Autonomy Act, Article 28 of the Labor Standards Act

Plaintiff

Nowon-gu Attorney will

Seoul Civil District Court Decision 92Na22915 delivered on September 24, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

Article 3 subparag. 2 of the Trial of Small Claims Act provides that "when a decision contrary to the Supreme Court's precedents has been made" means an interpretation contrary to the Supreme Court's decision on the interpretation of statutes applicable to specific cases, and it does not constitute a ground for violation of Acts and subordinate statutes, such as simple incomplete hearing or misunderstanding of legal principles (see Supreme Court Decision 91Da18583, Aug. 13, 1991).

The court below's decision that the defendant shall succeed to the employment contract relationship with the Seoul Special Metropolitan City under Article 5 (1) of the Local Autonomy Act as revised. Article 5 (1) of the Local Autonomy Act provides that a local government newly under its jurisdiction shall succeed to its affairs and property when there is change of district, abolition, division, or consolidation of a local government's district under Article 5 (1) of the Local Autonomy Act. However, in light of the provisions of Article 133 (1) and (3) of the same Act, "property" in the same Act means all property-value goods and rights other than cash, and its obligation should not be included in property. It is reasonable to judge that there is no error in the misapprehension of the legal principles as to the plaintiff's employment contract and the duty to pay retirement allowances under the Local Government Act. But the court below did not err in the misapprehension of the legal principles as to the plaintiff's employment contract and the duty to pay retirement allowances under the Local Government Act. However, the court below's decision that the plaintiff's employment contract and the duty to pay the retirement allowances under the Local Government Act is not a legitimate.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Choi Jae-ho (Presiding Justice)