The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

Retirement benefits stipulated in the Public Officials Pension Act or the Guarantee of Workers' Retirement Benefits Act are paid when a person retires while working after acquiring his status as a legitimate public official or establishing a labor relationship.

If there was a reason for disqualification for appointment as a public official at the time of appointment, it was not known that it was disqualified by national negligence.

Even if the appointment is null and void as a matter of course, the appointment shall be deemed null and void as a matter of course, and the status of a public official shall be acquired through the appointment

shall not establish an employment relationship.

Therefore, even if a disqualified person has been appointed as a public official and actually worked, a person who fails to obtain the status as a legitimate public official cannot claim retirement benefits under the Public Officials Pension Act or the Guarantee of Workers' Retirement Benefits Act.

(see, e.g., Supreme Court Decisions 86Nu459, Apr. 14, 1987; 2001Da61012, May 16, 2003). Furthermore, such a legal principle applies to not only cases where an appointment is void due to grounds for disqualification, but also cases where an appointment is revoked due to defects in appointment and loses its position retroactively.

B. However, the actual work (hereinafter “instant work”) from the appointment of a public official whose appointment is void or cancelled as such (hereinafter collectively referred to as “public official, etc. disqualified for appointment”) to the retirement is offered without any legal cause. The State and local governments received the instant work and received benefits, while disqualified public officials, etc. suffered damages to the instant work.

As such, the state and local governments are entitled to the above benefit within the scope of the damage, Article 741 of the Civil Code.