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(영문) 서울행정법원 2020.06.18 2019구합79992

임기제공무원의 기준호봉 산정 취소 및 재산정의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is a public official employed as an administrative officer (general term system) on December 19, 2018 and served in the Saemangeum Development Agency B division.

When determining the Plaintiff’s annual salary, the Defendant calculated the salary class as class 15 on the basis of the career experience in the curriculum, and converted it into the standard annual salary amount (5,696,000) on November 19, 2018, and determined the adjustment rate to 106% after the assessment of the annual salary by the Employment Selection Review Committee (67%) on November 19, 2018.

On December 19, 2018, the Defendant entered into an annual salary contract with the Plaintiff at KRW 59,037,000, multiplied by the annual salary adjustment rate.

On January 2, 2019, the Plaintiff applied for the aggregate of about 17 years of private career omitted in the curriculum vitae, but the Defendant did not comply therewith.

On April 1, 2019, the Plaintiff filed an appeal review seeking implementation of the procedures for occasional adjustment of annual salary of the Defendant on the ground that “A person in charge of the Defendant’s personnel affairs submitted subsequent data to the appeals review committee, even though the Plaintiff promised to adjust the annual salary and apply the annual salary retroactively, the Plaintiff submitted relevant documents on December 20, 2018 and did not adjust the Plaintiff’s annual salary.”

On June 5, 2019, the appeals review committee accepted the Plaintiff’s claim, and decided that “the Defendant shall implement the annual salary occasional adjustment procedure by comprehensively reviewing the career calculation of the Plaintiff, the assessment of annual salary, the adjustment rate, etc. for the Plaintiff.”

On June 21, 2019, according to the decision of the appeals review committee, the Defendant held the next annual salary review committee on June 21, 2019 and the second annual salary review committee on July 15, 2019 to examine data, and recognized the Plaintiff’s private career in addition, and determined the annual salary as KRW 65,367,00 by applying 106% to the adjustment rate.

On July 18, 2019, the Defendant notified the Plaintiff of the details of the annual salary completed adjustment by the annual salary examination committee as referred to in the above paragraph (f).

(hereinafter “Notification of Details of Occasional Adjustment of the Annual Salaries of this case”). [The grounds for recognition] did not dispute, Gap’s 2 through 4, and Eul’s 2.