1. The instant lawsuit shall be dismissed.

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

Details of the disposition

On November 2001, the Plaintiff was appointed to the local public officials of Chungcheongnam-do, Chungcheongnam-do, and served in the Public Official Viewing C, etc.

The defendant issued a personnel order as of January 11, 2016, a personnel order as of July 18, 2016, and a personnel order as of October 7, 2016, but did not transfer the plaintiff to B.

(2) The Defendant’s defense of this case as to the legitimacy of the lawsuit of this case is not legally obligated to transfer the Plaintiff to B, and thus, the instant non-issuance does not constitute an omission subject to a lawsuit seeking confirmation of illegality of omission, and thus, the lawsuit of this case, which is not subject to omission, is unlawful.

Since the Defendant issued a personnel order on January 1, 2017 and transferred the Plaintiff to B, the instant lawsuit is unlawful by losing the benefit of the lawsuit.

Judgment

An omission that is the object of a lawsuit seeking confirmation of illegality of an omission refers to the failure of an administrative agency to take a certain disposition within a reasonable period of time despite the legal obligation of the administrative agency to take a certain disposition against a party’s request (Article 2(1)2 of the Administrative Litigation Act). We examine whether the instant non-issuance constitutes it.

According to Article 30-5 of the Local Public Officials Act, except as otherwise provided for in Acts and subordinate statutes, the appointment authority shall assign a certain position equivalent to that of the public officials under his/her jurisdiction in consideration of his/her class and occupation (main sentence of paragraph (1)), and shall appoint the public officials under his/her jurisdiction in consideration of their major field, training, work experience, expertise, aptitude,

(2) In addition, according to Article 7 of the Decree on the Appointment of Local Public Officials, the appointment authority shall:

(a)major business activities of positions;

(b)the performance responsibility for positions;

(c) Level of difficulty in performing duties;

(d)requirements for performance of duties;

(b)personal requirements of a public official;

(a)occupational categories and sub-sectors;

(b) ethical awareness; and