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(영문) 서울행정법원 2017.06.16 2016구합75586
불합격처분취소
Text

1. The plaintiff's lawsuit against the Minister of Personnel Management shall be dismissed;

2. Defendant Republic of Korea shall pay 3,000,000 won to the Plaintiff.

Reasons

Details of the disposition

On December 31, 2015, the Minister of Personnel Management publicly announced a plan for the open competitive recruitment examination of national public officials in 2016 through the Cyber National Publication Center. Among them, the number of persons to be selected at Grade 9 in the tax position was 1,460 in general, 87 persons with disabilities, and low-income 40 persons in general.

The Plaintiff applied for a written examination on April 9, 2016, as a person with a disability of grade 1 in the above open competitive recruitment examination, by supporting the classification of persons with disabilities of grade 9 in the above open competitive recruitment examination, and was announced as a successful applicant on May 24, 2016.

On May 25, 2016, the Commissioner of the National Tax Service publicly announced the interview registration, date and time, etc. for successful applicants of the above-class 9 written examination on May 25, 2016, and publicly announced the detailed schedule of interview and the matters to be observed by the applicants.

On June 25, 2016, the Plaintiff applied for the interview (hereinafter “instant interview”). On July 1, 2016, the Defendant National Tax Service, based on the results of the instant interview, announced the final successful applicants for the 9th competitive recruitment examination for national public officials of tax service in 2016 except the Plaintiff, thereby making a disposition of failure to pass the examination (hereinafter “instant disposition”).

【Uncontentious facts, Gap’s evidence 1, 2 through 6, Eul’s evidence 2 and 9 (including each branch number), and the whole purport of pleading are as shown in the attached Form of the relevant Acts and subordinate statutes.

The instant interview that the Plaintiff applied for determination on the main defense of the Defendant Personnel Management’s main defense by the Minister of Personnel Management was entrusted to the Commissioner of the National Tax Service, and the authority to determine and notify the successful applicants is the Commissioner of the National Tax Service, the entrusted agency, and the list of final successful applicants was publicly announced in the name of the Commissioner of the National Tax Service. As such, the lawsuit seeking revocation of the instant disposition is unlawful against the Defendant Personnel Management Office

Judgment

§ 34.

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