1. The Defendant’s disposition of restricting payment of retirement benefits and retirement allowances against the Plaintiff on May 17, 2016 is null and void.

1. Details of the disposition;

A. From January 1, 2013 to November 19, 2013, the Plaintiff, while working for the Quality Control Group B (hereinafter “Quality Control Group”), was in charge of the management and supervision of D New Construction Works progress in C (hereinafter “New Construction Work”).

B. On December 7, 2015, the Plaintiff filed an application for a summary order of KRW 7 million with the criminal fact that “a false modification of the construction cost was obtained by defrauding KRW 35,137,497 of the construction cost by requesting the construction management division of the instant newly constructed construction in collusion with E and the head of the supervision group F, etc., who is the competent official E and the head of the supervision group.”

C. On December 9, 2015, the head of the agency B notified the Incheon District Public Prosecutor’s Office of the result of the disposition of a public official’s crime related to the claim for the above summary order, and on April 27, 2016, upon the resolution of dismissal of the Central Disciplinary Committee, the Plaintiff was subject to a disciplinary measure of dismissal on the ground of violation of the duty of good faith

(hereinafter “instant disciplinary action”). D.

The Plaintiff filed an appeal review with the Ministry of Personnel Management seeking revocation of the instant disciplinary action, but was dismissed on August 19, 2016.

E. On May 9, 2016, the Plaintiff filed a claim against the Defendant for the payment of the retirement pension and retirement allowance. On May 17, 2016, the Defendant rendered a disposition to pay the Plaintiff’s retirement pension and retirement allowance reduced by 1/4 pursuant to Article 55 of the Enforcement Decree of the Public Officials Pension Act on the ground that the Plaintiff’s disciplinary action was taken against the Plaintiff in monetary corruption and was removed from office, and constitutes a ground for restricting benefits

(f) On August 31, 2016, the Plaintiff filed a claim again for the payment of retirement pension and retirement allowances to the Defendant on the ground that the Plaintiff, upon the decision of the appeals review committee for the instant disciplinary action, deemed the Plaintiff to be an occupational breach of trust, not embezzlement. Accordingly, on September 7, 2016, the Defendant filed a claim again for payment of the retirement pension and retirement allowances.