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(영문) 서울행정법원 2017.04.07 2016구합62399
명예퇴직수당 지급대상자 제외처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 1, 1994, the Plaintiff was newly appointed as a police officer, and served as a police officer for 22 years. On February 29, 2016, the police officer of the Korea National Police University was finally retired.

On February 12, 2016, before retirement, the Plaintiff applied for the payment of honorary or honorary retirement allowances to the Korea National Police University. However, on February 26, 2016, the Defendant, by opening the Central Promotion Committee on February 26, 2016, rejected the proposal for special promotion and the payment of honorary retirement allowances to the Plaintiff on the ground that “the honorary retirement of a person under compulsory service after completing education and training pursuant to the Act on the Development of Public Officials, etc., is not an encouragement, and thus is deemed disqualified for the payment of honorary retirement allowances,” and on February 29,

[Disposition to dismiss a plaintiff as a member may be deemed to include a disposition to exclude the plaintiff from the person eligible for voluntary retirement allowances. Thus, the plaintiff's assertion of exclusion from the person eligible for voluntary retirement allowances (in form, a disposition to dismiss a member); hereinafter "the disposition in this case"). / [Grounds for recognition] without dispute, Gap's 1 through 3 evidence, and the purport of the whole pleading (see the written request for opinion submitted by the defendant on July 8, 2016)

2. Whether the instant disposition is lawful

A. Article 74-2(1) of the State Public Officials Act and Article 3(1) of the Regulations on Payment of honorary retirement allowances, etc. for State public officials and honorary retirement allowances (hereinafter “paid Rules”) stipulate that persons eligible to receive honorary retirement allowances may be restricted to the scope of persons eligible to receive honorary retirement allowances under Article 3(2) of the Payment Rules, and each subparagraph of Article 3(3) of the Payment Rules stipulate that persons eligible to receive honorary retirement allowances may be restricted in extenuating

According to this, if a person stipulated in Article 3(1) of the Payment Regulations falls under any of the subparagraphs of Article 3(3), it is naturally subject to the payment of honorary retirement allowances, unless there is any limit in the budget, so the defendant's discretion is reduced to zero.

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