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(영문) 부산지방법원 2015.10.23 2015구합22333

징계처분취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 22, 2002, the Plaintiff was employed as a contract officer on October 1, 2006, and was appointed as a house officer who is a public official of class 10 on January 1, 2006. On December 13, 2013, the Plaintiff was promoted to postal class 8 and continued to serve at the Busan Regional Administration B post office, and served at the post office C.

B. On February 15, 2013, 12 members including the Plaintiff filed a lawsuit against the Republic of Korea for the payment of overtime work allowances (2013Guhap51060) with the Seoul Administrative Court on September 19, 2014, stating that “The members including the Plaintiff can only receive overtime work allowances according to the prescribed order of overtime work, and even if they worked in excess of the prescribed excess work hours, such excess work allowances cannot be deemed to follow the order of overtime work, but the portion reduced in the unit of overtime work after one day or more of the work guidelines for public officials’ remuneration, etc., is invalid.” The Seoul Administrative Court rendered a judgment against the Plaintiff on September 19, 2014 that “The Seoul High Court rendered a judgment on June 20, 2017 and June 24, 2017, which held that the portion of the Seoul High Court’s payment of overtime work allowances to the Plaintiff is invalid.”

C. After the judgment of the first instance on the instant disposition, the Plaintiff determined that all postal items cannot be delivered within the excess working hours assigned by the head of the division of the post office B, and the Plaintiff refused to deliver part of the postal items in its delivery area for 11 days from September 23, 2014 to October 10, 2014, and for 5 days from October 17, 2014 to October 23, 2014 to the operating office, respectively. The head of the post office B refuses to deliver part of the postal items in his/her delivery area. < Amended by Presidential Decree No. 25787, Oct. 23, 2014>