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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, while serving as a state public official in the National Science Museum belonging to the Ministry of Education, Science and Technology, presented the honorary retirement center on March 1, 2009, and on the 17th day of the same month, voluntarily retired on April 30, 2009.
B. On August 11, 2009, in the case of violation of the Punishment of Violences, etc. Act (Intimidation of collective weapon, etc.), etc., the Plaintiff was sentenced to a two-year suspended sentence for six months as shown in the attached criminal facts (in April 29, 2009, threat of the victim to his/her decline at around 09:30 on April 29, 2009, and harming two weeks), and the said judgment became final and conclusive on August 19, 2009.
C. Meanwhile, on March 29, 2007, the Constitutional Court rendered a ruling of inconsistency with the Constitution that "The above provision shall continue to have its effect until it was amended by the legislators on December 31, 2008 (No. 2005Hun-Ba33) with respect to Article 64 (1) 1 of the former Public Officials Pension Act (amended by Act No. 9905, Dec. 31, 2009; hereinafter referred to as the "former Act")." (Article 64 (1) 1 of the Public Officials Pension Act (amended by Act No. 5117, Dec. 29, 1995).
However, the above Constitutional Court's ruling of inconsistency with the Constitution was made only after the legislative deadline. The Defendant paid to the Plaintiff the full amount of KRW 16,504,000 for retirement pension and retirement allowance of KRW 53,418,960 for retirement pension, which did not apply the pension restriction provisions under Article 64 (1) 1 of the former Act from May 2009 to December 2, 2009.
E. Accordingly, according to the Constitutional Court’s ruling of inconsistency with the Constitution, Article 64(1)1 of the former Act was amended by Act No. 9905 on December 31, 2009. Article 64(1)1 of the amended Public Officials Pension Act (hereinafter “New Act”) provides that “where a person is sentenced to imprisonment without prison labor or heavier punishment due to a reason attributable to his/her re-employment, he/she shall be paid a reduced portion of the retirement benefits and retirement allowances, the payment shall be made by the reduction of part of