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| TITLE | [Revocation of Disposition to Dishonor Claim for Pension Payment]Supreme Court Decision 2004Du244 Delivered on July 8, 2004 [full Text] |
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| Summary | |
| [1] Where Government Employees Pension Corporation (""GEPCO"") sent a notice that the Public Officials Pension Act was amended and recipients of the retirement pension became subject to suspension of part of their pension payments, whether such notice can be viewed as a valid administrative disposition subject to revocation by an administrative litigation (negative) [2] Where Government Employees Pension Corporation (""GEPCO"") expressed its intention not to pay part of the retirement pension, whether such expression of intention constitutes a valid administrative disposition subject to revocation by an administrative litigation (negative) and in this case, the characteristic of lawsuits which seeks payments for the suspended part of their pension (=a legal action between parties to the lawsuit as a matter of public law) [3] The case holding that the court below should have decided whether GEPCO's response expressing its intention not to pay part of the pension constitutes a valid administrative disposition subject to revocation by an administrative disposition and in case of finding that it does not, the court below should have offered an opportunity to the plaintiff to clarify the claims as consistent with what the plaintiff really sought after ascertaining whether they wanted to be paid the unpaid part of the retirement pension directly from the defendant | |
