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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On Aug. 20, 1968, the Plaintiff was appointed as a civilian military employee belonging to the Army Headquarters and was on leave of absence due to a disease for about twenty-four months in total from July 17, 1979 to December 17, 1979; from Aug. 1, 1982 to Jan. 1, 1983; from Jul. 13, 1983 to Feb. 1, 1984; and from Oct. 30, 1984 to Aug. 12, 1985.
B. On July 31, 1986, the Plaintiff filed a claim for payment of retirement pension with the Public Official Pension Service on the ground that the period of service as a civilian military employee prior to his/her service as a civilian military employee (from August 7, 1961 to March 31, 1964) and the period of service as a civilian military employee in a temporary position (from December 1, 1966 to August 20, 196) would exceed 20 years, including the period of service as above.
C. As to this, pursuant to Article 23(4) of the former Public Officials Pension Act (amended by Act No. 4033, Dec. 29, 198; hereinafter “former Public Officials Pension Act”) which was enforced at the time of the public official pension, the temporary retirement period is calculated only half of the period of service. However, the temporary retirement period due to diseases caused by official duties is included in all the period of service. To this end, the public official pension corporation should obtain approval for medical treatment for official duties from the public official pension corporation pursuant to Article 30 of the former Enforcement Decree of the Public Officials Pension Act (amended by Presidential Decree No. 12380, Jan. 23, 1988; hereinafter “former Enforcement Decree of the Public Officials Pension Act”). Since the aforementioned temporary retirement period was not approved, only 12 months out of the total period of service is included in the period of 24 months, and in such case, the total period of service was 19 years and thus, the Plaintiff refused to claim the payment of retirement pension to the Plaintiff.
The defendant (at that time, the head of the Army Head of the Army Security Group) is entitled to receive pension benefits on March 30, 1994 by reducing 50% of the period of official leave when calculating retirement benefits for the period of service of civilian employees in the military service.