logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
서울행정법원 2015.04.09 2014구합65684
퇴직급여부지급처분 취소 청구의 소
Text

1. The Defendant’s disposition of retirement benefits, etc. against the Plaintiff on July 1, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

While the plaintiff was appointed as a public official on October 15, 1970 and worked in the office of the department in charge of the medical affairs system of the Ministry of Health and Social Organization, on December 7, 1971, he was prosecuted as a charge of violating the Act on the Regulation of Administrative Affairs (former Offense: Violation of the Attorney-at-Law Act) and was sentenced to the first instance court on December 7, 1971 to order an additional collection of KRW 8 months and KRW 170,000 (Seoul Criminal District Court 71 High Court 71 High Court 17426; hereinafter “the first instance court judgment”), and on February 24, 1972, the appellate court reversed the first instance judgment and was sentenced to a suspended sentence of two years and an additional collection of KRW 170,000,000.

(Seoul Criminal Court 71No4927, hereinafter “instant judgment subject to a retrial”). The instant judgment subject to a retrial became final and conclusive on March 3, 1972.

The plaintiff continued to serve even though he had been retired ipso facto due to the confirmation of the judgment subject to a retrial. On November 27, 1997, the plaintiff was issued a ipso facto retirement order retroactively as of March 3, 1972 pursuant to Article 69 of the State Public Officials Act.

(2) On July 23, 2013, the Plaintiff filed a petition for a retrial on the instant judgment subject to a retrial, and the Seoul Central District Court rendered a ruling of commencing a retrial on September 27, 2013, and on February 6, 2014, the Seoul Central District Court reversed the judgment of the first instance court of this case and acquitted the Plaintiff on the ground that “The facts charged in this case constitute a case where there is no proof of crime, but the judgment of the first instance court of this case, which found the Defendant guilty, is erroneous in the misapprehension of the fact that the facts charged in this case constituted a case where there is no proof

(Seoul Central District Court 2013No19, hereinafter “instant new judgment”). The instant new judgment became final and conclusive on February 14, 2014.

On June 17, 2014, the Minister of Health and Welfare revoked the issuance of the instant ipso facto retirement on the ground of the final verdict of innocence against the Plaintiff, and in the absence of the said issuance, on December 31, 2000, the Plaintiff issued the retirement age to the Plaintiff as of December 31, 200, at the time of retirement.

On June 27, 2014, the Plaintiff became final and conclusive at the instant new judgment.

arrow