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(영문) 서울행정법원 2019.07.19 2019구합965

승진후보자명부 무효확인 등 청구의 소

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1. Of the instant lawsuit, the primary claim against the Defendants and the ancillary claim against the Defendant Republic of Korea.

Reasons

1. Basic facts

A. The Plaintiff is a public official of Grade VI (Assistant) in the occupational category of court affairs in general service in the Seoul Central District Court.

B. The Plaintiff applied for a general promotion examination (hereinafter “instant promotion examination”) in April 21, 2018, which took effect on April 21, 2018 when he/she was working in the Seoul Rehabilitation Court. However, on May 31, 2018, the Minister of the National Court Administration issued a disposition of failure against the Plaintiff (hereinafter “instant failure disposition”).

C. The Plaintiff shall conduct a general examination for promotion to Grades V and VII under the proviso to Article 44(1) of the Rules of the Court Officials for the number of public officials equivalent to three times the total number of vacancies and anticipated vacancies to be promoted, among public officials of the next lower class in the same series of class who meet the qualification requirements necessary for promotion, from among those who are in the order of higher priority in the general list of candidates for promotion.

Provided, That the Minister of the National Court Administration may adjust the number of applicants for the examination, the number of applications for examination, and other necessary matters in consideration of the number of applicants.

No more than four-time examination for general promotion based on the rule shall be applied for a general examination for general promotion to Grade 5 pursuant to the restriction on examination for general promotion to Grade 5.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 9, purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Of the instant lawsuit, the determination on the lawfulness of the main claim against the Defendants and the conjunctive claim against the Defendant Republic of Korea

A. The main claim of the first, second, and third parts of the first, the Defendant Seoul Rehabilitation Court Work Performance Evaluation Committee, the president of the Seoul Rehabilitation Court, the president of the Seoul Rehabilitation Court, the head of the National Court Administration’s main safety resistance, the Defendant Rehabilitation Court Work Performance Evaluation Table prepared according to the regular rating in December 2017, the Defendant Seoul Rehabilitation Court’s list prepared according to the regular rating in December 2017, and the list of candidates for promotion prepared by the head of the Defendant Rehabilitation Court, and the comprehensive list of candidates for promotion prepared by the Minister of the National Court Administration on January 31, 2018