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(영문) 인천지방법원 2015.04.30 2014구합32817

임용유예신청거부처분 취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On April 29, 2013, the Chairperson of the Personnel Committee of Incheon Metropolitan City publicly announced the 3rd appointment test method and the 4th appointment test method of career competition test as to the 4th appointment test method of career competition, and the 4th appointment test plan of Incheon Metropolitan City in 2013. The main contents of the 4th appointment test announcement related to this case are as follows:

4th Appointment Examinations (10.5.) : Examination for career competition, class 7, number of classes, number of persons to be selected, two persons to be selected, and guidance for registration of candidates for strengthening appointment of agencies to be appointed: Preparation of an application (in the case of an applicant for postponement of appointment on December 13, 2013 (in the case of students, etc.), submission of the application (in the case of the relevant reasons

B. The Plaintiff supported the number of the fourth appointment examinations, which was conducted on October 5, 2013 and the interview conducted on November 14, 2013, was determined as a final successful candidate on December 6, 2013.

C. Meanwhile, as part of military service, the Plaintiff provided livestock disease control services as a public quarantine veterinarian from April 16, 2012 to April 15, 2015.

On December 13, 2013, when registering a candidate for appointment, the Plaintiff submitted an application for postponement of appointment, stating that he/she would be subject to postponement of appointment by April 15, 2015, for which military service is completed.

E. On September 22, 2014, the Defendant notified the Plaintiff of the purport that the Plaintiff would lose the eligibility for appointment as a candidate for new appointment as of December 6, 2014, when one year elapsed since the period of validity of the career-competitive appointment examination prescribed in Article 21 of the Decree on the Appointment of Local Public Veterinarians, on the ground that he was in military service as a public quarantine veterinarian and his appointment or

(hereinafter “Notification of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. Judgment on the main defense of this case

A. The Defendant’s assertion that the Local Public Officials Act is divided into an open competitive examination for new appointment and a career competitive examination for new appointment of public officials. The appointment order of local public officials delegated by the Local Public Officials Act is the Decree.