Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. From September 9, 2011, the Plaintiff served as a local public official belonging to Seoul Special Metropolitan City in the Department of Management and Control of the Road Office.
B. From June 2015, the Defendant announced the “Plan for the Transfer of Public Officials of Class VI or lower in the second half of the year 2015.”
The Plaintiff expressed his/her intention not to transfer to another country, but the Defendant transferred the Plaintiff to a Green City State on July 13, 2015, in the personnel announcement announced on July 9, 2015.
hereinafter referred to as "disposition of this case"
(c) On August 7, 2015, the Plaintiff filed a petition review with the Seoul Special Metropolitan City Local Appeals Commission, but was dismissed on November 17, 2015 (the authentic copy of the decision of dismissal was served on the Plaintiff on November 20, 2015).
(ii) [Facts without dispute over the basis of recognition, evidence A(1) to (4), evidence B(1), 2 and 6(6) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff did not wish to transfer to another position in the second half of 2015, and that when a transfer order was issued to the Director of the Korea Road Business Office, the Defendant forced the Plaintiff to transfer the Plaintiff to the Plaintiff, stating that “The Plaintiff was under a frequent dispute with the Plaintiff, who was monitoring the employees of the Dong Fee and sexual harassment with the employee, and the said employee requested the transfer of the Plaintiff by sexual harassment.”
However, the Plaintiff did not act as claimed by the Defendant, and rather, was subject to bullying and harassment on the ground that the labor union is different from the labor union members.
Therefore, the instant disposition taken without any reason for transfer is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Article 30-5 of the Local Public Officials Act provides that the appointing authority shall assign a position corresponding to that position in consideration of the class and occupation of the public officials under its jurisdiction, except as otherwise provided for in the statute.
(main sentence of paragraph (1). In assigning public officials under his/her jurisdiction, major areas, training, work experience, expertise, aptitude, etc. of the relevant public officials.