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(영문) 대법원 2017.02.15 2014두39531
재직기간합산불승인처분취소의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Article 23 (2) of the Public Officials Pension Act provides that where retired public officials, soldiers, or teachers and staff of private schools are appointed as public officials, the period of service or service under the previous relevant pension Act may be added to the period of service of public officials at their own request, and the provision provides that only the period of service of public officials in office

(see Supreme Court Decision 2014Du43264, Feb. 9, 2017). In the same purport, the lower court is justifiable to have determined that a person eligible to apply for aggregation of his/her tenure of office means a person who is qualified as a public official at the time of application. In so doing, it did not err by misapprehending the legal doctrine on the application for aggregation of the tenure of office

Furthermore, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have determined that the instant disposition did not violate the good faith principle or the principle of equality, etc., and contrary to what is alleged in the grounds of appeal, there were no

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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