Court Rules "No Double Receipt of Civil Servant Retirement Pension and Fixed-Term Civil Servant Salary"

[Asia Economy Reporter Seongpil Cho] A court ruling has determined that retired public officials who are rehired as fixed-term public officials cannot receive both retirement pensions and salaries simultaneously.

According to the legal community on the 11th, the Seoul Administrative Court, Administrative Division 5 (Presiding Judge Yangjun Park) ruled against Mr. A in a lawsuit he filed against the Government Employees Pension Service, requesting the cancellation of the suspension of his retirement pension payments.

The court stated, "Since the plaintiff was reappointed as a fixed-term public official and continued income-generating activities, it can no longer be considered that he has 'retired.' It is necessary to suspend the existing retirement pension payments to prevent dual benefits of salary and pension for public officials."

Furthermore, the court noted, "The notice of suspension of retirement pension payments is a notification informing the plaintiff of the automatic effect under the application of the Government Employees Pension Act. It is difficult to view the defendant's actions as illegal acts that effectively forced or pressured the plaintiff to resign."

Previously, Mr. A retired from public service at the end of 2012 and began receiving a monthly retirement pension of 2.7 million won from January of the following year. In March 2014, he was hired as a fixed-term public official.

However, the Pension Service discovered that Mr. A, a retirement pension recipient, was also receiving a public official's salary and suspended his retirement pension payments. The Service notified Mr. A that to continue receiving the retirement pension, he must resign from his fixed-term public official position, and that pension payments would be suspended while he held the fixed-term position.

Mr. A filed this lawsuit, claiming that the suspension of his retirement pension effectively forced or pressured him to resign.

This content was produced with the assistance of AI translation services.