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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a disabled person who falls under the category 3 of the physically disabled person under Article 2 of the Act on Welfare of Persons with Disabilities, Article 2 of the Enforcement Decree of the same Act, and Article 2 of the Enforcement Rule of the same Act, and is exempted from military service
The number of persons to be selected: The number of persons to be selected shall be 41 persons in Grade 7, 160 administrative workers in Grade 9, and 209 in total, 8 health workers in Grade 9: The number of persons with disabilities shall be 160 persons in Grade 9, April 18, 1993, and August 9, 1993, respectively.
B. On January 15, 1993, the Chairperson of the Personnel Committee for Chungcheongnam-do and the Chungcheongnam-do Governor published an implementation plan for open competitive examinations for appointment of local public officials in 193 as follows:
C. The Chairperson of the Cheongnam-do Personnel Committee jointly held the first and second examinations of multiple-choice written examinations on each written examination in accordance with the above notice.
The Plaintiff applied for an open competitive examination for administrative positions of Grade VII and obtained an average of 78.33 points from the written examination (hereinafter “instant written examination”). On September 10, 1993, the Chairperson of the Personnel Committee announced 45 successful applicants of the instant written examination on September 10, 1993.
(hereinafter “instant failure disposition”) D.
The Plaintiff filed a lawsuit against the chairperson of the personnel committee in Chungcheongnam-Nam also seeking the revocation of the instant failure disposition.
On April 14, 1995, the first instance court rendered a judgment revoking the instant disposition rejecting the instant disposition on the ground that “The Chairperson of the Committee on Promotion, etc. of Employment of Persons with Disabilities (amended by Act No. 4219, Jan. 13, 1990) was not in compliance with the legal obligation of at least 2/100 of the persons with disabilities to employ at least 41 persons with disabilities at the time of an open competitive examination for administrative positions of class VII pursuant to Article 34(2) of the Act on Promotion, etc. of Employment of Persons with Disabilities (amended by Act No. 4219, Oct. 18, 195).”