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(영문) 대법원 2016.01.28 2015두53121
호봉정정신청거부처분취소
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. Before the former Local Public Officials Act was amended by Act No. 12844, Nov. 19, 2014

(a) The same shall apply;

Article 45(1) of the former Regulations on Remuneration of Local Public Officials (amended by Presidential Decree No. 25751, Nov. 19, 2014) provides that matters concerning remuneration, salary class, and raise in salary of public officials shall be prescribed by Presidential Decree.

c. The remuneration rules of this case (hereinafter “instant remuneration rules”).

Article 8(2) of the Act provides that the beginning salary grade of a public official shall be defined in [Attachment Table 1], and Article 9-2 of the Act provides that the person with the authority to define the beginning salary grade of a public official may inquire into the administrative agency, public institution, corporation, organization, private enterprise, etc. related to the relevant career when there is a career experience to be reflected in defining the salary grade pursuant to Article 8(2). Before defining the salary grade, he/she shall organize his/her own deliberation council and deliberate on matters necessary for recognizing the career experience, such as whether it falls under career experience in the same field (Article 8(1)), and further detailed matters concerning the power inquiry, recognition of career experience, and organization and operation of the deliberation council shall be determined by the Minister of Security and Public Administration (Article 8(2)). In addition, the Regulations on the Remuneration of this case [Attachment 1] provides that the beginning salary grade of a public official shall be defined in addition to the career training experience experience experience experience experience of a public official, who is a public official in research service.

It is stipulated that "B shall be converted within 100% as "similar career," and the detailed contents of the career conversion rate of public officials in research service shall be determined by the Minister of Security and Public Administration in the remarks column."

On the other hand, Article 9-2 (2) and (2) of the Remuneration Regulations of this case.

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