1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. From November 20, 1973 to June 30, 2007, the Plaintiff retired from office while serving as a public official belonging to Seoul Special Metropolitan City for 33 years and 7 months. From March 12, 2008 to July 1, 2012, the Plaintiff retired from office while serving as a public official in B’s library for 4 years and 4 months.

On October 8, 2008, the Plaintiff filed an application for adding up the service period under the Public Officials Pension Act.

B. On November 9, 2012, the Plaintiff was sentenced to imprisonment with labor for two years and six months at the Seoul Central District Court and for a surcharge of KRW 120 million at a charge of violating the Attorney-at-Law Act committed from July 201 to September 201, and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (reconciliation 1057), and dismissed on June 7, 2013, and dismissed on October 11, 201, and the above imprisonment with labor became final and conclusive.

C. From August 2012 to June 2016, the Plaintiff received monthly retirement pension from the Defendant. On June 29, 2016, the Defendant issued a disposition to recover KRW 56,383,640 (one-half of the total amount of retirement pension from November 2013 to June 2016) from among the retirement pension already paid to the Plaintiff, on the grounds that “from November 2013, where the Plaintiff’s imprisonment without prison labor or heavier punishment became final and conclusive due to the reason that the Plaintiff was in office, one-half of the retirement pension should have been reduced and paid pursuant to Article 64(1)1 of the Public Officials Pension Act and Article 55(1)1 of the Enforcement Decree of the same Act.”

(hereinafter “instant disposition.” The Plaintiff would have received approximately KRW 2,50,000 per month if he did not file an application for aggregation, and the amount of pension has increased to KRW 3,40,000 per month upon filing an application for aggregation, and the monthly amount of pension would be KRW 1,70,000 if the amount of pension is reduced to KRW 1/2.7 million per month.

On November 9, 2016, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee. However, the Plaintiff was dismissed on November 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6 (if available, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff.