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(영문) 대전지방법원 2016.09.01 2016구합100699
명예퇴직수당환수처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 7, 2013, while working as an Inspector at the Daejeon District Police Agency, the Plaintiff filed an application for voluntary retirement and voluntary retirement from office on the ground that he/she was expected to be hospitalized and to perform an operation due to illness, such as urology, and that he/she was difficult to perform his/her duties.

B. On January 17, 2013, the Daejeon Regional Police Agency, the honorary retirement allowances, and the Special Promotion Review Committee decided whether applicants for honorary retirement, such as Plaintiff, are eligible for honorary retirement allowances and special promotion, and decided on the payment and special promotion of honorary retirement allowances to Plaintiff.

Accordingly, the Plaintiff received KRW 60,596,432 with the honorary retirement allowance and voluntarily retired on February 28, 2013.

C. On the other hand, on July 15, 2014, the Plaintiff: (a) obtained a certificate of permission for relocation of 18 pieces of the said site from the Yancheon-gun Office by using a written confirmation in the name of another person stating false facts on February 16, 2013; and (b) obtained D with the knowledge of about 10 days of the graves in the said site that “A arbitrarily opened 10 clans of the said clans and excavated the graves,” on November 20, 2013, the Plaintiff was punished by imprisonment with prison labor from the resident support of the Daegu District Court for the said clans as 2013Ra508, and by imprisonment with prison labor for October 10, 2013, the judgment of the lower court became final and conclusive on February 16, 2013 (hereinafter “instant judgment”); and (c) obtained the said judgment of the lower court through the final and conclusive judgment of 2015Da2875, supra.

On January 19, 2016, the defendant was notified by the Commissioner General of the National Police Agency of the person subject to investigation related to the recovery of honorary retirement allowances of the purport that criminal punishment should be confirmed through a final and conclusive judgment, etc. and that it should be recovered in cases falling under the subject of recovery.

After January 21, 2016, the defendant is subject to the redemption of honorary retirement allowances.

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