신뢰보호의 원칙 및 소급입법금지ㅣ26.06.03(수) 헌법 1일1제 427일차【미래인재경찰학원_강성민】

Which of the following is the most appropriate explanation regarding the principle of protection of legitimate expectations and the principle prohibiting retroactive legislation? (In case of dispute, rely on judicial precedents) 【2020 Police Promotion】 ① Since retroactive legislation must be applied as a benevolent measure when a new law is favorable to the subject, the supplementary provisions of the amended Public Officials Pension Act, which stipulate that the scope of application for public officials who died in the line of duty should not be applied retroactively, violate the principle of equality. ② The supplementary provision of the Corporate Tax Act, which stipulates that the amended provision serving as the basis for collecting improperly refunded taxes shall apply only to the first collection of refunded taxes after the enforcement of the amended law, constitutes genuine retroactive legislation regulating factual and legal relationships that have already been completed. However, if this were not permitted, it would be impossible to efficiently recover the funds through corporate tax assessment dispositions as in the aforementioned amended provision, and one would be forced to go through complex procedures such as the return of unjust enrichment; therefore, it is exceptionally permitted due to a significant need for the public interest. ③ Allowing the suspension of payment of all or part of the retirement pension, as prescribed by Presidential Decree, in cases where a recipient of the retirement pension under the Military Pension Act receives remuneration or other benefits from a school institution under Article 3 of the Private School Teachers and Staff Pension Act does not violate the principle of protection of legitimate expectations. ④ Despite the Constitutional Court’s ruling of unconstitutionality regarding the provision of the Educational Public Officials Act, which has been in effect since 1953, stating that “graduates of national or public teacher training colleges and colleges of education shall be given priority in the new hiring of teachers,” the reliance of current students and graduates of national and public teacher training colleges, etc., at the time of the ruling must be protected; therefore, the legislature’s inaction in failing to enact a law to protect their reliance interests based on the unconstitutional law is in violation of the Constitution. Answer: ③ [ The absolute standard of the Constitution for passing! ] ✅ 1 Question a Day [Video] Upload Schedule Mon, Tue, Wed, Thu, Fri / 7:00 AM ------------------------------------------------------------------------------- 📞 Inquiries: 02-826-2000 📌 Instagram: / miraeij.official 🌐 Website: https://www.miraeij.com/police/ 🍀 Blog: https://blog.naver.com/miraeij_blog ⛾ Professor Kang Sung-min's Cafe: cafe.naver.com/signaturelaw ------------------------------------------------------------------------------- The absolute standard for Criminal Law to pass, Mirae Injae Police Academy! Everything about the police exam in one place, with professional instructors and a systematic curriculum! Mirae Injae Police proves itself with results. #Police #ConstitutionalLaw #AttorneyKangSungmin #No1 #CriminalLaw #IntroductionToPoliceScience #1QuestionADay #IntegratedRecruitment