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(영문) 서울행정법원 2014.10.07 2014구합10172
보상금환수결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 3, 2005, the Plaintiff asserted to the effect that he/she constitutes a person who belongs to a military intelligence unit and performed a special military mission (hereinafter “person who performed a special military mission”) among the persons who performed a special military mission under the Act on the Compensation for Persons of Special Military Missions (hereinafter “Enforcement Decree”), and filed an application for compensation with the Defendant (hereinafter “instant application for compensation”), and submitted the data on the existence of the information company and evidentiary materials of the certification of the person B. B. The Defendant recognized the Plaintiff as a “person who performed a special military mission” on May 23, 2006 and decided to pay KRW 124,862,950 calculated as follows to the Plaintiff.

A) Around that time, the Plaintiff paid the said compensation. Around that time, the following amount was paid to the Plaintiff: 68,040,000 won for the calculation basis of the detailed amount - 68,040,000 won for the special merit bonus of KRW 109,565,350 (36 months): 62,974,750 - Special merit bonus of KRW 27,179,40 for the performance of duties - Additional merit bonus of KRW 27,179,40 for the performance of duties: 19,411,20 (the total amount of Grade 8 for the performance of duties plus KRW 177,605,350 for the performance of duties - Amount of KRW 52,742,400 for the performance of duties - Amount of KRW 48,660,00 for the payment of the said compensation at the intelligence company - Amount of KRW 4,082,400 for the benefits at that time.

C. After that, the Defendant conducted a reinvestigation ex officio on September 2012, based on the fact that the Plaintiff was employed as a civilian artist in the intelligence unit and was found not to have performed a special mission because the Plaintiff was dismissed during education and training, but as a “person who received education and training related to a special mission,” the Defendant’s first disposition to recover KRW 78,70,800 out of the amount of compensation already paid, 124,862,950 on December 18, 2012, “the first disposition to recover the amount of compensation” (hereinafter referred to as “the first disposition to recover compensation”).

D.

As to the Defendant’s primary restitution disposition, the Plaintiff filed a lawsuit seeking revocation of the Defendant’s primary restitution disposition as the court 2013Guhap1974.

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