Retirement claim of the public officials of the miscellaneous service and the expiration of the period thereof.

In case where a soldier retires while serving as a miscellaneous position in a local government and immediately appoints as a public official in employment, he cannot be considered as being solely based on his status relationship. Even if the retirement of miscellaneous position and the appointment as a public official in employment were made on the rear day, the right to claim a retirement allowance shall take place when he retires from miscellaneous position. The retirement allowance as prescribed by the Labor Standards Act has the nature of miscellaneous wage, and the right to claim a retirement allowance as prescribed by the Labor Standards Act has expired if it is not exercised for three years.

Articles 28 and 41 of the Labor Standards Act

Supreme Court Decision 78Da425 delivered on June 27, 1978 (Article 28(46)1235 of the Special Labor Standards Act, Article 27(1)1(27) and Article 213 of the Special Labor Standards Act) 80Da2395 delivered on January 13, 1981 (Article 28(61)1237 of the Special Act, Article 28(61), Article 652No13636 of the Special Act)

Kim Jong-so et al.

Busan Metropolitan City

All of the plaintiffs' claims are dismissed.

Litigation costs are assessed against the plaintiffs.

The defendant shall pay to the plaintiff Kim Jong-sik an amount of KRW 5,062,51, KRW 3,645,095, and an amount of KRW 250,000 per annum from the date of delivery of the copy of the complaint of this case to the date of full payment.

The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution.

According to Gap evidence No. 1, Gap evidence No. 3, Eul evidence No. 6, Eul evidence No. 1-1, Eul evidence No. 2-1, Eul evidence No. 1-2, Eul evidence No. 2-2, and Eul evidence No. 2-2 (each public official's private record card) and the whole purport of oral argument, the plaintiff Kim Jong-Un was appointed as a commercial level driver on October 1, 1962 and engaged in driving business in the same Gu office on December 31 of the same year, and was appointed on the documents No. 1. 1.3 and dismissed on a 1-year basis as of December 31 of the same year, and the plaintiffs were dismissed on the 2-year basis of the above 1-year average wage as of December 197, which was in fact dismissed on the 197-year basis of the above 1-year average wage, which was in fact dismissed on the 2-year basis of the above 1-year average wage as of the head of the Gu.

Therefore, the defendant defense that the plaintiffs' claim for retirement benefits has expired by prescription, and it cannot be deemed that the plaintiffs' claim for retirement benefits has expired by prescription when they were employed as a miscellaneous public official in the local government and immediately appointed as a public official in the employment relationship. Although the retirement of miscellaneous public official and appointment as a public official in the employment relationship were later later, the right of withdrawal from the miscellaneous public official was created when they retired from the miscellaneous public official. Since the miscellaneous retirement pay as prescribed by the Labor Standards Act has the nature of miscellaneous wages, the right to claim retirement allowances has expired by prescription if they were not exercised for three years after the 3 years lapse from the end of February 19, 1976, more than three years after the end of February 19, 1987 when the plaintiffs retired from miscellaneous public official, and the above plaintiffs' claim for retirement benefits has expired by prescription in this case, which was clearly stated in the record that the lawsuit in this case was brought.

Therefore, the plaintiffs' claim against the defendant of this case is dismissed as there is no further need to determine, and the costs of lawsuit are assessed against the plaintiffs who have lost. It is so decided as per Disposition.

Judges Masung-Appellee (Presiding Judge)