1. The part of the claim for revocation of the application for the return of the amount to be recovered in this case shall be dismissed.

2. The plaintiff's remainder.

1. Facts of recognition;

A. The Plaintiff retired on November 12, 2007 while serving as the Vice Minister of Patriots and Veterans Affairs, and received KRW 102,885,980 as retirement allowances at the time of retirement, and received the full monthly retirement pension thereafter.

B. On October 15, 2008, the Plaintiff was sentenced to imprisonment with prison labor for one year from the Seoul Central District Court on the charge of violating the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State on the following grounds during his/her service (Seoul Central District Court 2008Ra213), and the Plaintiff appealed and appealed, but all of the appeals were dismissed, and the above sentence was finalized on April 23, 2009.

(Seoul Central District Court Decision 2008No3709, Supreme Court Decision 2009Do1615). On June 4, 2004, the Defendant filed an application for registration of persons of distinguished service to the State with the Suwon Veterans Administration on June 5, 1999, along with evidentiary documents, as if there was a false testimony of lag escape, while moving on the books of office room with employees on June 5, 1999. On June 22, 2004, the Defendant was judged as a person of distinguished service to the State by the Board of Patriots and Veterans (Seoul Central District Court Decision 2008No3709, and Supreme Court Decision 2009Do1615). The Defendant was registered as a person of distinguished service to the State on August 4, 2004 after undergoing a physical examination on July 26, 2004.

On August 27, 2004, the Defendant: (a) purchased vehicles using the status of persons who rendered distinguished services to the State and was exempt from registration tax of KRW 745,540; and (b) received monetary benefits equivalent to KRW 26,736,847 between December 27, 2007; and (c) employed them in Seoul Guarantee Insurance Co., Ltd. and their ancillary D to the Korea Gas Corporation, respectively.

Accordingly, the Defendant received compensation by false or other unlawful means.

C. Meanwhile, Article 64(1)1 of the former Public Officials Pension Act (amended by Act No. 9905 of Dec. 31, 2009; hereinafter “former Act”) provides that where a person who is or was a public official on March 29, 2007, was sentenced to imprisonment without prison labor or heavier punishment on the ground that he/she was in office on the ground that he/she was a public official on March 29, 2007, the Constitutional Court shall pay retirement benefits and retirement allowances after reduction of part thereof