취업제한결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation concerning this part of the disposition is the same as the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the lawsuit of this case is lawful
A. The main purport of the Defendant’s main purport of the instant notice is merely a prior procedure for the removal of the Plaintiff from employment, and it does not directly change the Plaintiff’s legal status or status. Therefore, it cannot be deemed an administrative disposition that is the object of an appeal litigation.
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1) The issue of whether an administrative agency’s act can be a subject of an appeal cannot be determined abstractly and generally. In specific cases, an administrative disposition is an enforcement of law with respect to a specific fact conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people. In view of the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties such as the other party, and the principle of administration by the rule of law, and the attitude of the administrative agency and interested parties related to the pertinent act, etc. (see Supreme Court en banc Decision 2008Du167, Nov. 18, 2010). Article 17(1) main sentence of the Public Service Ethics Act provides that “Persons subject to employment examination (hereafter referred to as “persons subject to employment examination” in this Chapter) shall not be determined separately by the National Assembly Regulations for three years prior to his/her retirement, and Article 17(1) main sentence of the National Assembly Regulations provides that “persons subject to employment examination” shall not be employed: