1. The plaintiff's claim is dismissed.

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

Facts of recognition

In 2007, while being employed as the B office, the Plaintiff retired from office after being investigated into suspicion of the crime of abusing authority and obstructing another’s exercise of rights.

On September 20, 2007, the Plaintiff applied for payment of retirement pension and retirement allowance to the Defendant.

On October 15, 2007, the Defendant rendered a guidance on the details of limitation on retirement benefits, etc. to the Plaintiff, stating that “The Plaintiff is currently under investigation or criminal trial due to a criminal act punishable by imprisonment without prison labor or heavier punishment in the current service, and thus, the payment of 1/2 of retirement allowances is reserved pursuant to Article 64 of the Public Officials Pension Act and Article 55 of the Enforcement Decree of the Public Officials Pension Act, and the payment of 1/2 of retirement pension from the month following the month when imprisonment without prison labor or heavier punishment is finalized.”

On March 31, 2008, the Plaintiff was sentenced to a two-year suspended sentence for a year of imprisonment with prison labor for the crime of abusing authority and obstructing another’s exercise of rights, and the Plaintiff’s appeal and final appeal were all dismissed, and the said conviction became final and conclusive on January 30, 2009.

(hereinafter “The final and conclusive judgment of this case.” From October 2007 to December 2, 2009, the Defendant paid the Plaintiff a retirement pension without reducing the retirement pension every month. From January 201, 2010 after the final and conclusive judgment of this case, the Defendant paid the Plaintiff a retirement pension after reducing 1/2 of the retirement pension. The Defendant’s retirement pension reduced from November 201 to October 2017 is the total amount of KRW 139,16,720.

On August 15, 2010, the Minister of Justice rendered a special amnesty and restoration of rights to the plaintiff based on Articles 5 and 7 of the Amnesty Act in accordance with an order of the President on August 15, 2010.

[Reasons for Recognition] The defendant's main defense to the judgment as to the main defense of the defendant's main defense does not have a specific right to seek payment of retirement benefits to the defendant at present, and the defendant's application for retirement benefits was made upon the plaintiff's application.