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1. Revocation of a judgment of the first instance;
2. On March 25, 2014, the Defendant’s decision to accept compensation paid to the Plaintiff is revoked.
3.
Reasons
1. The reasons why the court should explain this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance, except for the addition of some of the following. Thus, the reasons are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Part 6 to 7 of the 2nd page "Information Company Data" shall be added "(No. 2 of the Air Force Special Personnel List, No. 2)."
B. The second priority “compensation 124,862,950 won” was added to “The Plaintiff claimed that he performed special duties three times in early 1964, after about one month from that time, and late 1964, etc.” (the Plaintiff recognized only KRW 27,459,600 as the special bonus related to performance of duties, and the Defendant recognized only KRW 27,179,400 as the special bonus related to performance of duties, on the premise that the number of times the Plaintiff’s special duties are performed is one time).”
C. The third party’s revocation of the compensation decision and the subsequent addition to “Article 18(1) of the Act (However, where the payment of compensation, etc. was made by fraud or other improper means (Article 18(1)) or where the payment was made by mistake (Article 2)” (Article 18(2)).
2. Whether the instant disposition is lawful
A. The plaintiff's assertion
(b) Relevant Acts;
C. The reasoning for this court’s explanation concerning each part of the above facts is the same as that for the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
Judgment
(1) Article 18(1) of the Act provides that if a person who received compensation has received compensation by fraud or other improper means (Article 18(1)1) or the compensation has been paid by mistake (Article 18(1)2), all or part of the compensation shall be recovered. In all of the above subparagraphs, the compensation shall not be paid.