불합격처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the judgment of the court of first instance concerning this case are as follows: "attached Table 5" and "Attachment Table 7" in [Attachment Table 5] and [Attachment Table 7] in [Attachment Table 5], [Attachment Table 7] and [Attachment 8]; "(1)" in the same five parallel shall be read as "(2)"; "(2)" in the seventh parallel seven parallel (7)" shall be read as "(3)"; "No. 1, 1997" in the second third parallel of the judgment of the court of first instance shall be added to "No. 1, 1997"; except for the corresponding part of the judgment of the court of first instance as stated in the reasons for the judgment of the court of first instance, this shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
【Additional Part】 Article 11(3) of the Constitution of the Republic of Korea provides that “The honor of an order, etc. shall be effective only for the person who has received it, and any privileges shall not be complied with, shall be added to the order,” which includes the following reasons between the fourth fifteen and sixteen of the judgment of the court of first instance.
Nevertheless, the selection rules of this case (attached Table 8) vary depending on the classification of awards, such as decorations, medals, and commendation. This result in granting privileges to those who received awards and decorations, thereby violating Article 11(3) of the Constitution, and discriminatings depending on the classification of awards and decorations, which are not reasonable standards for evaluation of their ability to perform duties, such as orders, medals, and awards, and thus, violates Article 11(1) of the Constitution.
The reason for the following judgments is added between the 6th and 3th sentence of the first instance court judgment. "The leader of the community reserve forces and the leader of the mobilization support group as mentioned above shall take charge of directing and leading community reserve forces or training the mobilized reserve forces in preparation for national emergencies, such as wartime, incident, etc.
It is natural to select a person who has the ability to guide military units, impulse, etc. due to such characteristics of the duties of the commander of the community reserve force.
The defendant presented the assessment of active duty service, work experience, work experience, work branches, awards and decorations, etc. as a means of evaluating the ability, loyalty, etc. of applicants.