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(영문) 서울고등법원 2020.08.19 2019누80
공무원지위확인
Text

1. Revocation of the first instance judgment.

2. The plaintiffs and the defendant belong to each National Intelligence Service.

Reasons

1. Basic facts

A. On August 21, 1986, Plaintiff A et al., Plaintiff B entered the National Intelligence Service, and Plaintiff B, et al., performed the duties of “administrative assistance occupational group” and “personnel work series” in the administrative assistance occupational group after being newly established as a public official of Grade 10 in the National Intelligence Service on September 22, 1986, taking charge of editing publication. 2) Since then, the Plaintiffs were in charge of editing publication within the computerized type work group from December 31, 1993.

B. As a result of the economic crisis in which the International Monetary Fund (IMF) should obtain relief and financing from the government, the government’s restructuring was implemented on March 31, 199, the Enforcement Decree of the National Intelligence Service Staff Act [Attachment 2] was amended on March 31, 199, and six series of work were abolished during the functional series of work, i.e., computerized typesetting, entry work, telephone exchange, information exchange, information, good offices, and honoring (hereinafter “the abolition of the instant series of work”).

) Accordingly, the Plaintiffs were dismissed from office on April 30, 199, and accordingly, on May 1, 1999, the Plaintiffs were subject to the National Intelligence Service Contract Employee Regulations amended and enforced from the same day while performing the same duties in the information work support field as a full-time contract employee.

2 위 규정 제3조는 계약직직원을 복무형태에 따라 전임계약직 직원과 비전임계약직 직원으로 구분하면서, 전임계약직 직원은 상근하면서 직무를 수행하는 직원이라고 정의하고, 제20조는 전임계약직 직원의 근무상한연령을"1. 안전: 만 30세,

2. Counseling, computer typesetting, entry operations, and guidance: 43 years of age;

3. Medical technicians, nurses, dietitians, boats, and first art: 57 years of age;

4. Proceedings: 65 years of age,

5. Other fields: Matters concerning the upper age limit, etc. for employees, etc. whose status is changed to a contractual position as of May 1, 199, shall be determined by “60 years of age” (hereinafter referred to as “instant provisions”), and Article 2 of the Addenda thereto ( May 1, 199).

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