1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. As a local public official of Grade VI in the technical job series, the Plaintiff served as a local public official of Grade VI in the technical job series from August 5, 2010 to August 2, 2015, at the Busan Metropolitan City Public Health Center B in charge of the prevention, control, etc. of infectious diseases, and the Defendant is a local government to which the Plaintiff belongs for the said

B. On July 27, 2015, the head of Busan Metropolitan City issued a transfer personnel order to the Plaintiff on August 3, 2015 (hereinafter “instant transfer personnel”) to the Busan Metropolitan City C as of August 3, 2015, and the Plaintiff was transferred from August 3, 2015 to C by the instant transfer personnel.

C. The main provisions of the Local Public Officials Act and the former Decree on the Appointment of Local Public Officials (amended by Presidential Decree No. 26640, Nov. 18, 2015; hereinafter “former Decree on the Appointment of Local Public Officials”) related to the instant case are as follows:

(2) If the Mayor/Do Governor deems it necessary to exchange personnel between the local governments and the local governments under his/her jurisdiction, he/she may prepare a draft personnel exchange according to the standards for personnel exchange determined by the personnel exchange council established in the relevant City/Do and recommend the head of the local government in his/her jurisdiction to exchange personnel.

In such cases, the head of the relevant local government shall exchange personnel, except in extenuating circumstances.

(3) The subject matters of personnel exchanges under paragraphs (1) and (2) shall be prescribed by Presidential Decree, and the organization and operation of the personnel exchange council, procedures for personnel exchanges, and other matters necessary for personnel exchanges shall be prescribed by Ordinance of the Ministry of Education, the Ordinance of the Ministry of Government Administration

Article 27-5 (Personnel Exchange) (1) of the Decree on the Appointment of Local Public Officials of the Gu may exchange personnel between local governments pursuant to Article 30-2 of the Local Public Officials Act in the following cases:

1. To exchange public officials of Grade V or higher or public officials in the series of technical job series for the balanced placement of human resources between local governments and the balanced development of local administration;