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(영문) 대법원 2015.11.26 2012두9031

교수지위확인등청구

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the first ground for appeal, the lower court determined that the provision on the public official in contractual service (amended by Presidential Decree No. 22373, Sept. 10, 2010; hereinafter the same) of the former Public Officials in contractual service is unconstitutional since it was introduced to strengthen the expertise and competitiveness of the public official society and efficiently manage government human resources through the opening of public service, and its employment period is terminated as a matter of course, barring special circumstances where the employment period expires, and the status relationship of the public official is terminated as a matter of course, and whether to re-employment after the expiration of the employment period belongs to free discretion based on the judgment of the appointing authority. Therefore, it cannot be deemed that the former Public Officials in contractual service (amended by Presidential Decree No. 22373

The judgment below

In light of the relevant legal principles, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the relevant constitutional provisions.

2. On the second, fourth, and fifth grounds

A. Article 2(3)3 of the former State Public Officials Act (amended by Act No. 10342, Jun. 8, 2010; hereinafter the same) provides that public officials engaged in duties that require expertise and skills or that require flexibility, etc. in appointment in accordance with an employment contract with the State shall be classified as public officials in contractual service and classified as public officials in special career service. According to Articles 5(1), 6(1) and 7 of the former Regulations on Public Officials in contractual Service, the head of each agency may employ public officials in contractual service in accordance with their employment contracts within the scope of a fixed number and budget, but the employment period for public officials in contractual service shall be the period necessary for the implementation of the relevant project within the scope of five years, and when they neglect to perform their duties or lack the ability to perform their duties, they shall