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(영문) 광주지방법원 2014.12.11 2014구합11151
초임호봉 정정신청에 대한 거부처분의 취소의 소
Text

1. All of the instant claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who served as skilled industrial personnel from December 5, 2001 to March 21, 2004 and completed the duty of military service. After being appointed as a policeman on February 5, 2005, the Plaintiff was promoted to the Inspector on April 23, 201 and served in the B District of the Gwangju Northern Police Station from May 26, 2014.

B. On May 30, 201, the Plaintiff filed an application against the Defendant for the correction of the beginning salary class with the content that included the military service experience as skilled industrial personnel from December 5, 2001 to March 21, 2004, and that the correction of the beginning salary class would change (hereinafter “instant application”).

C. On June 12, 2014, the Defendant sent a reply to the effect that the correction of the salary class according to the instant application cannot be made against the Plaintiff (hereinafter “instant disposition”) with the following content (hereinafter “instant disposition”).

In accordance with the work guidelines for the remuneration of public officials in general service [Attachment 1] of the work experience conversion rate of public officials in general service, etc., based on the provision of "a person who has served in a defense industry company, etc. as a special recruit service, etc. shall not be considered as a period of actual service since he actually served in the military register shall not be considered as a period of actual service."

On June 13, 2014, the Plaintiff filed a petition review with the appeals review committee of the Ministry of Security and Public Administration seeking the revocation of the instant disposition, but was dismissed on August 4, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 8, purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s assertion is merely based on the internal work performance guidelines, and there is no external binding force, and the service experience as stated in the Public Officials Remuneration Regulations [Attachment 16] has served as industrial technical personnel.

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