[1] The purport of Article 64(1) of the Public Officials Pension Act concerning reduction of retirement benefits due to punishment, etc.

[2] The meaning of "reasons for the re-employment" under Article 64 (1) of the Public Officials Pension Act

[1] The purpose of Article 64(1) of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995) is to exempt a person who was sentenced to imprisonment without prison labor or a heavier punishment for the reason that he/she was in office without asking whether he/she was related to his/her duties, and whether he/she was intentional or negligent, from paying a portion of public official’s contribution, other than the portion corresponding to his/her contribution, which has the nature of wages that he/she has the nature of wages that he/she has in the nature of retirement benefits, from paying a portion of public official’

[2] Even if the criminal act of a public official who was sentenced to imprisonment without prison labor or heavier punishment is due to a reason not related to his/her duties, it may be sufficiently expected that the legal or social criticism is greater than that of a criminal act due to a reason related to his/her duties. Thus, in the case of "where he/she was sentenced to imprisonment without prison labor or heavier punishment due to a reason for the reduction of retirement benefits under Article 64 (1) of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 195), "the reason why he/she was in office" means the reason that occurred while in office, and whether it was related to his/her duties and whether it was caused

[1] Article 64 (1) of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995) / [2] Article 64 (1) of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995)

[1] Supreme Court en banc Decision 93Da37342 delivered on January 24, 1995 (Gong1995Sang, 904) Supreme Court Decision 95Nu7529 delivered on September 29, 1995 (Gong195Ha, 3636)

Plaintiff

Public Official Pension Corporation

Seoul High Court Decision 95Gu27037 delivered on March 28, 1996

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

Article 64(1) of the Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995) provides that the payment of benefits shall be partially reduced if a person who is or was a public official was sentenced to imprisonment without prison labor or heavier punishment for the reason that he/she was in office or dismissed by impeachment or disciplinary action. In such cases, by prescribing that the payment of benefits shall not exceed the amount calculated by adding interest under the Civil Act to the total amount of contributions already paid, the circumstances under which a person was sentenced to imprisonment without prison labor or heavier punishment for the reason that he/she was in office shall be one of the grounds for reduction of retirement benefits. The purpose of the provision is to determine whether a person who was sentenced to imprisonment without prison labor or heavier punishment for the reason that he/she was in office and whether the act was related to his/her duties or whether it was intentional or negligent, and thus, it shall not be justified in the misapprehension of the legal principles as to whether it was related to his/her duties, such as compensation or social security (see Supreme Court Decision 95Nu7579, Sept. 29, 19999).

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

Justices Park Jong-chul (Presiding Justice)