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(영문) 서울행정법원 2016.04.22 2015구합79048
호봉재획정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 17, 2014, the Plaintiff is newly employed as a local public official of Grade B-3 in Grade B, a local professional of the waterworks headquarters in Seoul Special Metropolitan City, and the same year.

6.1. 24. A promotion was made in salary class.

B. However, the remuneration regulations of local public officials (hereinafter “instant regulations”) were amended on July 16, 2014, and the salary grade of local public officials, appointed after December 12, 2013, was subdivided from the former salary grade 1 to salary grade 36 to the former salary grade 40, and the remuneration of salary grade 24 of the Na-gun 24, which the Plaintiff belonged to, was adjusted from the 3,294,700 to the 3,085,700 won per month.

C. On August 20, 2014, the Defendant notified the Plaintiff that “the Plaintiff’s salary grade was newly defined as salary grade 24 according to the instant provision” (hereinafter “instant disposition”). D.

On November 7, 2014, the Plaintiff filed a petition review with the Seoul Special Metropolitan City Local Appeals Review Committee on the instant disposition, but was dismissed by the said Committee on September 4, 2015.

[Grounds for recognition] No dispute, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings

2. The instant provision of the Plaintiff’s assertion retroactively infringes on the Plaintiff’s property right and infringes on the Plaintiff’s right to equality by discriminating against public officials appointed before and after December 12, 2013 without reasonable grounds.

Therefore, since the provision of this case is unlawful, other disposition of this case is also unlawful.

3. Determination

A. As the amended Local Public Officials Act enacted the background of the enforcement of the instant provision on December 12, 2013, the occupational categories of the previous local public officials classified into general service, specific service, technical service, political service, special service, and contractual service are classified simply into general service, specific service, political service, and special service, and some of the previous public officials in special service were drafted as local professionals.

On the other hand, in order to determine the criteria for determining salary grades for public officials whose salary table varies due to the reorganization of occupation, the former local public officials.

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