The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The plaintiff returned the provisional payment to the defendant on 25,294.

1. Basic facts

A. The Defendant, while serving as a police officer for about 22 years, applied for voluntary retirement and retired on June 30, 2010, and the Plaintiff paid KRW 76,319,010 to the Defendant.

B. On October 29, 2009 and May 17, 2010, at the time when the Defendant was in office as a police official, the Defendant was sentenced to a suspended sentence of five-year imprisonment with prison labor for three years for a crime of murder, violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and the judgment on October 16, 2010 became final and conclusive on August 16, 2010, when the Defendant was indicted as an attempted charge of murder and attempted to kill the same victim on or around August 31, 2010, after retirement.

(hereinafter “instant criminal judgment”). 【No dispute exists concerning the grounds for recognition, entry in Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. Relevant legal principles 1) If a person who has served for at least 20 years as a public official voluntarily retires before his/her retirement age, he/she may be paid an honorary retirement allowance within budgetary limits (Article 74-2(1) of the State Public Officials Act). If a person who has received an honorary retirement allowance under Article 74-2(3)1 of the former Public Officials Pension Act was sentenced to imprisonment without prison labor or heavier punishment due to the reason that he/she was in office, the head of the State agency who has paid the honorary retirement allowance must recover the honorary retirement allowance (Article 74-2(3)1 of the State Public Officials Pension Act). In cases where a person who has served for at least 20 years is sentenced to imprisonment without prison labor or heavier punishment due to concurrent crimes under the former part of Article 37 of the Criminal Act and a crime under the former part of Article 37 of the Criminal Act, even if one of the concurrent crimes is sentenced after his/her retirement is aggravated pursuant to Article 38(1)2 of the Criminal Act.