직권면직처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation concerning this case is as follows: (a) the second part of the judgment of the court of first instance read “ August 16, 2013” as “ August 18, 2013”; and (b) the reasoning for the judgment of the court of first instance is the same with that for the judgment of the court of first instance, except for addition of the following matters; and (c) thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
2. Additional determination
A. The defendant asserts that the scope of duties of "when he is unable to perform his duties" in the trial should be determined by considering the specialty and special characteristics of fire-fighting officers, and that since the plaintiff was appointed as a special bond in the field of first-aid services and engaged in first-aid services until the time of the accident, "duty" shall be limited to first-aid services and determined, and that the plaintiff is unable to perform his duties in the state of second-aid services.
B. We examine the following circumstances, which can be seen by comprehensively taking into account the purport of the entire arguments in the above evidence: ① the Plaintiff may independently perform all daily activities through auxiliary equipment, such as wheelchairss, and there is no problem in recognition function and on-site function, and thus, it seems that there is no particular obstacle to performing administrative and other internal duties except for field activities as fire officers; ② The duties of fire officers are divided into internal and external part-time duties and are based on the principle of personnel management for the circulation of internal and external part-time duties; thus, even if the fire officers are employed in the field of field of field of field of field activities, there is human resources in charge of internal duties; ③ The physical conditions required in the employment examination for fire officers are the qualifications for applying for the employment examination for fire officers, but they are not absolute criteria for determining whether or not they are performing their duties, and thus, they cannot immediately perform their duties on the ground that they are under circumstances that they fail to satisfy the physical conditions and health conditions stipulated in the employment conditions during their service.