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(영문) 서울행정법원 2017.04.13 2016구합68328
인사발령처분 취소청구의 소
Text

1. The Defendant’s personnel order issued on December 31, 2015 against the Plaintiff; the personnel order issued on January 29, 2016; and the personnel order issued on May 2016.

Reasons

1. Details of the disposition;

A. Since the Plaintiff was newly appointed as the Food and Drug Safety Headquarters B on July 11, 1996, the Plaintiff is a public official working in the Ministry of Food and Drug Safety until now.

Restrictions on the transfer for two years of public officials in general service or industrial researchers belonging to the director general of the C Senior Civil Service of the position to be recruited for appointment;

B. Around January 2014, the Defendant publicly announced the open recruitment of the director general of C, who is a public recruitment position for the Senior Civil Service Corps (hereinafter “instant public recruitment”), and the content thereof are as listed below, and the Plaintiff applied for the public recruitment of the instant position and was appointed as the director general of D C following the appointment procedure.

C. On December 8, 2015, the Defendant issued a pre-announcement of legislation to change the position of director general-general to an open position in accordance with the Enforcement Rule of the Organization of the Ministry of Food and Drug Safety and its affiliated agencies (hereinafter “Enforcement Rule of this case”). The amendment bill of the instant Enforcement Rule was promulgated on December 30, 2015, following deliberation by the State Council.

On December 31, 2015, the day following the enforcement date of the amendment bill of the Enforcement Rule of the instant case, the Defendant issued a personnel order to appoint the Plaintiff as the head of E Center F as of January 1, 2016.

(hereinafter “The First Order of Personnel Management”) E.

On January 4, 2016, the Plaintiff filed an appeal review seeking revocation of the first personnel order with the view that not only violated the period of restriction on transfer but also exceeded or abused discretion on personnel affairs with respect to the Ministry of Personnel Management.

F. On January 29, 2016, the Defendant issued a personnel order again to appoint the Plaintiff as the head of G State H as of February 1, 2016.

(g) On February 1, 2016, the Plaintiff not only issued the first letter of personnel management but also the second letter of personnel management with the Ministry of Personnel Management.

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