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(영문) 부산지방법원 2016.11.18 2016나43732

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts below acknowledged facts do not conflict between the parties, or can be acknowledged in full view of Gap's evidence 2, 3, 4, 5, 16, 21, 27, 28, Eul evidence 1, 2 and 3, and the purport of the first instance court's fact inquiry as to the Geum-gu Busan Metropolitan City.

From August 5, 2010, the Plaintiff, as a local public official in technical service, was in office as a local health assistant in the plane captain-gun Busan Metropolitan City, and was promoted to the local health assistant on February 7, 2013.

B. On July 30, 2015, the Busan Metropolitan City Mayor issued a personnel order with respect to the Plaintiff as of August 3, 2015, ordering the Defendant to work.

C. On August 4, 2015, the head of the Gu issued a personnel order on August 3, 2015, ordering the Plaintiff to work at the Defendant’s public health center (hereinafter “instant personnel order”). D.

On August 6, 2015, the Plaintiff filed a petition against the Busan Metropolitan City Mayor and the head of the defendant Gu to seek revocation of a personnel announcement against the Plaintiff.

E. On August 21, 2015, the head of Busan Metropolitan City issued a personnel order to the Plaintiff as of September 1, 2015, ordering the Plaintiff to work in the Geum-gu Busan Metropolitan City as of September 1, 2015.

2. Judgment on the plaintiff's assertion

A. On December 16, 1999, the right to assign a public official in technical service among the local public officials of the Busan Metropolitan City asserted by the plaintiff is determined by the Busan Metropolitan City Mayor head of the Busan Metropolitan City Council for Personnel Exchange. Although the defendant was ordered by the head of Busan Metropolitan City to assign the plaintiff as the leader of the main office of the defendant, the defendant issued the instant personnel order ordering the plaintiff to work at the defendant's public health clinic. This is an unlawful disposition that infringes upon the above personnel exchange decision.

In addition, the defendant is entitled to appeal against the above personnel order, including administrative appeal and administrative litigation, against the plaintiff while issuing the personnel order in this case, the procedure and deadline for appeal, and others.