(a) Nature of retirement benefits under the Public Officials Pension Act;

(b) The case holding that "cases where benefits have been received by illegal means" under Article 31 (1) 1 of the Public Officials Pension Act shall be applicable;

A. Of the retirement benefits under the Public Officials Pension Act, the part corresponding to one’s own contribution is of a strong nature that should have been paid in consideration of his/her service while in office, and the remainder is of a strong nature as a contribution compensation for service in good faith or social security benefit while in office.

B. As long as a person who lost his status as a public official retires while serving as a public official and claims retirement benefits, etc. without stating in the written request the fact that he was punished, it constitutes “in a case where he was received benefits by unlawful means” under Article 31(1)1 of the Public Officials Pension Act, and even if he actually served as a public official after his ipso facto retirement and received benefits after his ipso facto retirement, the conclusion does not vary even if the effect of the public official’s act done during that period

Article 31 (1) 1 of the Public Officials Pension Act

(a) Constitutional Court Order 91Hun-Ma50 delivered on June 29, 1995

[Defendant-Appellee] Plaintiff 1 et al.

Public Official Pension Corporation

Seoul High Court Decision 94Gu32353 delivered on May 4, 1995

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

The financial resources for retirement benefits under the Public Officials Pension Act are formed by the public officials' own contributions and the charges of the State or local governments equivalent to 55/1,000 of monthly remuneration (Articles 65, 66, and 69 of the Act, and Articles 59 (1) and (2) of the Enforcement Decree of the same Act). Of retirement benefits, the part corresponding to one's contributions is strong in the nature of subsequent payment of wages that should have been paid as compensation for service during his/her service while in office, and the remainder is strong in the nature of compensation for service in good faith or social security benefits (see Constitutional Court Order 91HunMa50, Jun. 29, 195). It is concluded that as long as a person who has lost his/her status as a public official continues to serve as a public official and has concealed it without stating the fact that he/she was punished on his/her written request and then has been paid as a public official, it does not change the effect of his/her act as a public official after his/her retirement.

The judgment of the court below to the same purport is correct and there is no error of law by misapprehending the legal principles as to "the case of receiving benefits in an unlawful manner" under Article 31 (1) 1 of the Public Officials Pension Act by ascertaining the legal nature of retirement benefits. The ground of appeal is without merit.

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

Justices Park Jong-ho (Presiding Justice)