취업해제요청처분취소
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.
1. The reasoning of the court’s explanation concerning this case is as follows, in addition to adding the judgment on the Plaintiff’s assertion under paragraph (2) below, and as such, it is identical to the ground of the judgment of the first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act
(1) In addition, the first instance court’s decision rejecting the Plaintiff’s assertion is justifiable even if all of the evidence submitted was examined, the grounds alleged by the Plaintiff at the court of first instance are not significantly different from those asserted by the Plaintiff in the court of first instance.
A. The Plaintiff’s assertion: (a) Article 33(1)1 of the Enforcement Decree of the Public Service Ethics Act provides that “a for-profit private enterprise with a capital of at least ten billion won and annual turnover of at least ten billion won” with respect to the size of an employment-restricted institution; (b) the public notice of this case, including an employment-restricted institution, is invalid as it violates superior statutes; and (c) the Defendant did not confirm the fact that B’s capital is less than one billion won upon confirmation of the register of a company; and (c) it does not constitute an employment-restricted institution under the Public Service Ethics Act because it is not related to the Plaintiff’s work before his retirement.
Therefore, the instant disposition is unlawful.
B. We examine the plaintiff's assertion in order.
1. Article 17(1)1 and (8) of the Public Service Ethics Act delegates the scale and scope of the institution subject to employment to Presidential Decree.
Accordingly, Article 33(1)1 of the Enforcement Decree of the Public Service Ethics Act provides that “The amount of an employment-restricted institution shall not be less than one billion won capital and not less than ten billion won annual turnover,” but at the same time, Article 33(5) provides that “the Minister of Personnel Management shall determine and publicly notify the employment-restricted institution subject to each subparagraph of paragraph (1) of the same Article by the end of each year.”
Public Service Ethics Act;