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1. Of the instant lawsuit, the Defendant’s claim for the revocation of the reduction of 1/2 of the monthly amount of monthly retirement pension paid to the Plaintiff around October 1989.
Reasons
1. Details of the disposition;
A. The plaintiff was newly appointed as a police official on September 1, 1961, and was dismissed from office on February 25, 1989.
B. On March 6, 1989, the Plaintiff filed a claim with the Defendant for payment of retirement pension deductions for 20 years during the period of total service of the Plaintiff (i.e., 27 years and 10 months of police officer’s service period) and for the remaining 10 years and 4 months, respectively.
C. On March 21, 1989, the Defendant paid the Plaintiff KRW 22,984,200 calculated by deducting the Plaintiff’s loan KRW 1,40,00 from the total amount of KRW 11,421,69,511 (=12,421,691, KRW 11,962,511 - KRW 1,400,000, KRW 12,400,000). ② From March 25, 1989, the Defendant paid the monthly amount of retirement pension (=12 months) from March 25, 1989 to the Plaintiff.
From February 5, 198 to September 3, 1988, the plaintiff was sentenced to a conviction of 8 months of imprisonment and 2 years of suspended execution (hereinafter referred to as "the conviction of this case") at the Daegu District Court on September 22, 1989, and on September 30, 1989, the above judgment became final and conclusive on September 30, 1989.
E. Accordingly, pursuant to Article 64(1) of the former Public Officials Pension Act (amended by Act No. 4334, Jan. 14, 1991) and Article 55(1)1 of the former Enforcement Decree of the Public Officials Pension Act (amended by Presidential Decree No. 13340, Apr. 2, 1991), the Defendant recovered the amount equivalent to 1/2 of the lump-sum retirement pension deductions already paid by the Plaintiff, and paid the Plaintiff by reducing 1/2 of the retirement pension from October 1989.
【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 7, the purport of whole pleading
2. Whether the lawsuit of this case is lawful
A. The decision to reduce the retirement pension against the plaintiff due to the defendant's punishment on the defense prior to the merits is made.