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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On June 1982, the Plaintiff was appointed as a police officer and worked for the Plaintiff. On April 14, 2010, the Plaintiff retired from office.
Since July 1, 2010, the Plaintiff was employed by, and worked for, a stock company B (hereinafter referred to as “insurance company”) on July 1, 2010, retired on August 31, 2018, and was employed in, C’s legal office (hereinafter referred to as “legal office”) again from September 3, 2018.
B. From May 2010, the Defendant paid a retirement pension to the Plaintiff. Since the Plaintiff’s insurance company’s employment period, deeming that there was wage and salary income exceeding a certain standard in addition to the retirement pension, the Defendant paid only the amount of retirement pension, which was partially suspended from September 8, 2010, based on Article 47(3) of the former Public Officials Pension Act (wholly amended by Act No. 15523, Mar. 20, 2018) and Article 40 of the former Enforcement Decree of the Public Officials Pension Act (wholly amended by Presidential Decree No. 29181, Sept. 18, 2018).
(c)
The defendant retired from the insurance company on August 31, 2018, and paid the retirement pension in full from September 2018. After which the plaintiff received the plaintiff's final return on tax base for the year 2018 from the National Tax Service, the details of the additional income in the law office were confirmed.
Accordingly, the Defendant, around December 2019, notified the Plaintiff of the “Guidance on Details of Partial Suspension of Pension in 2018 to March 2020,” stating that “The amount of the pension to be suspended in 2018 is KRW 13,115,00, and the amount of the pension to be suspended on the basis of expected income is KRW 9,538,240,00. As such, the amount of the pension suspended on the basis of the estimated income is KRW 3,576,840, the difference should be suspended for three months.” The Defendant paid only the retirement pension after deducting the amount of KRW 2,384,570 from the monthly retirement pension in 200 to March 202.
[Ground for Recognition] Unsatisfy, Gap 1.