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(영문) 대전지방법원 2014.05.15 2013구합2954
명예전역수당환수처분취소
Text

The Defendant’s disposition of restitution of KRW 21,697,470 of the honorary discharge allowance to the Plaintiff on July 22, 2013 shall be revoked.

The costs of lawsuit.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to the statements in Gap evidence Nos. 1, 2, 4 through 7, and Eul evidence Nos. 1 and 2 (including the number of branch numbers):

(i) The Plaintiff was discharged from active service and the payment of its subsequent allowances to the Plaintiff on March 28, 1979, and served as the Director B of the Defense Acquisition Program Administration Contract Management Headquarters from November 30, 2006 to November 6, 2009, and was transferred to the Korea Federation C on November 9, 2009, and served until January 201.

D. On the other hand, on November 4, 2010, the Minister of National Defense delivered an execution plan for the discharge of honorary military service (hereinafter “execution plan for the discharge of honorary military service”) to each Gun in accordance with Article 53-2 of the former Military Personnel Management Act (amended by Act No. 10703, May 24, 201; hereinafter “former Military Personnel Management Act”) and Article 53-2 of the Rules on the Payment of Honorary discharge of Military Service Allowances (hereinafter “Rules for Honorary Discharge of Military Service”). The main contents are as follows.

The subject to selection: A person who is under a request for a resolution on a discharge from active service shall be excluded from the date of the examination of honorary discharge from active service; a person who falls under any of the following subparagraphs as of the date of the examination of honorary discharge from active service; a person who is under a request for a resolution; a person subject to disciplinary action (excluding a person subject to a disciplinary action; a person subject to a disciplinary action; a person subject to a disciplinary action (excluding a person subject to a request for a summary order; a person whose punishment has been requested; and a person whose punishment has been invalidated) and an audit agency, such as the Board of Audit and Inspection, the prosecutor, and an investigative agency such as the police; and a person subject to a criminal investigation or investigation by the investigative agency such as the Board of Audit and Inspection (excluding a person subject to a summary order; a person subject to a disciplinary order and a person whose punishment has been invalidated); and a person subject to investigation or investigation by each military selection review committee, taking into account the current status of human resources management, higher ranks, long-term service, whether they are transferred to reserve service, and whether

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