1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On September 1, 1989, the Plaintiff was appointed as a local public official on January 1, 1985 and served at the Gyeyang-gu Incheon Metropolitan City Office on October 11, 1989, and was sentenced to a suspended sentence of one year for 8 months as a crime of preparing false public documents and uttering of false public documents at the Incheon District Court on October 11, 1989. The above judgment became final and conclusive on October 19, 1989.

B. The Plaintiff retired ipso facto from office on October 19, 1989 due to the above final judgment, but was paid benefits by May 18, 2014 while serving in the Gyeyang-gu Incheon Metropolitan City Office by May 18, 2014.

C. On May 20, 2014, the Plaintiff sought payment of retirement benefits and retirement allowances to the Defendant. The Defendant refused payment on the ground that the Plaintiff retired ipso facto from office on October 19, 1989, on the ground that the retirement benefits during the period of service (including one year from January 1, 1985 to October 19, 1989, and five years and ten months) were not exercised for five years from the date of ipso facto retirement pursuant to Article 81 of the Public Officials Pension Act.

(hereinafter “instant disposition”) D.

On June 25, 2014, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee. However, on August 12, 2014, the said request was dismissed.

[Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. Determination 1) The Plaintiff asserts that the retirement benefits and retirement allowances have to be paid during the actual period of his/her service should be paid during the period of his/her service as a public official after his/her retirement. However, the retirement benefits and retirement allowances under the Public Officials Pension Act are paid in cases where he/she retires while acquiring his/her status as a legitimate public official. As such, even if a person who lost his/her status as a public official was actually on his/her duty after his/her retirement, the actual period of service after his/her retirement cannot be added to the period of service under the Public Officials Pension