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(영문) 광주지방법원 2014.09.25 2013구합2969
산업기능요원 복무만료처분취소 등 취소
Text

1. The Defendant’s 33-day extension disposition against the Plaintiff on November 28, 201 shall be revoked.

2...

Reasons

1. Basic facts

A. On April 15, 2008, the Plaintiff was assigned to public duty personnel service as a person subject to call-up of public duty personnel service.

On May 6, 2008, the Plaintiff was transferred to B, a designated entity under the Military Service Act, as industrial technical personnel.

A Co., Ltd., as an enterprise in the field of energy industry, is a company in charge of the construction of solar power plants and the construction and rental of such solar power plants, and the Plaintiff, as a detailed duty, included the “Strawls assembly of tracking systems” in the said company.

On July 5, 2010, the plaintiff was disposed of upon expiration of his mandatory service period.

B. On November 28, 2011, based on Articles 39 and 41 of the Military Service Act, and Articles 83 and 91-3 of the Enforcement Decree of the same Act, the Plaintiff’s non-relevant field (business) confirmation attached to the Plaintiff’s prior notice for the following reasons are as shown in attached Table 1.

A. The revocation of the expiry of the service of industrial technical personnel and the extension of their mandatory service period of 69 days (hereinafter “each disposition of this case”).

A person who is assigned to serve as a skilled industrial personnel and is obliged to serve in the relevant field of the designated entity at the time of transfer under Article 39 of the Military Service Act and Article 83 of the Enforcement Decree of the Military Service Act;

B. On May 6, 2008, pursuant to an application for transfer to industrial technical personnel service submitted at the time of transfer to industrial technical personnel service and a pledge of performance of good faith service and contractual terms of contract, the working division in the designated entity B is the production department, and the work in charge was promised to faithfully engage in the production and production sector in which you should work by making solar tracking system controlers;

(c)at the time of service as an industrial technical personnel returning to the Republic of Korea, he/she was engaged in any other sector (office) other than the field of manufacture and production that he/she should have at the time of his/her service.

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