The first instance judgment is revoked, and the case shall be remanded to the Daejeon District Court.

1. The issue of whether a certain act of an administrative agency can be a subject of appeal cannot be determined abstractly and generally. In a specific case, 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, based on the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, substantial relation between the act and 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 Decided November 18, 2010). 2. The summary of the provisions of the Public Service Ethics Act related to the notification of employment restriction in which the determination of disposition is disputed in the instant case is as follows.

(1) A public official under Article 3(1) of the Public Service Ethics Act (hereinafter “person subject to employment review”) shall not be employed by a department or agency to which he/she had belonged for five years prior to his/her retirement from the date of his/her retirement to an agency closely related to the business of such department or agency (hereinafter “agency subject to employment restriction”).

(2) Where a person subject to employment examination intends to be employed by an employment-restricted institution for three years from the date of his/her retirement, he/she shall request the head of the agency to which he/she belonged at the time of his/her retirement to verify whether employment is restricted (the main sentence of Article 18(1)), and the competent public service ethics committee requested to verify whether employment is restricted shall notify the result of the examination.

(3) If a person has been employed in violation of Article 17(1), the competent public service ethics committee shall request the head of a State agency, etc. to take measures to cancel the employment of the person, and the head of a State agency, etc. in receipt of such request.