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(영문) 대전지방법원 2018.09.05 2018가합100889
정년불연장 부작위 무효확인 청구
Text

1. Of the instant lawsuit, the Defendant selected the Plaintiff as an outstanding researcher on December 1, 2017 and did not extend the retirement age.

Reasons

Basic Facts

On June 1993, the Plaintiff worked at the Korea Basic Science Support Institute B Center (hereinafter “Defendant Research Institute B Center”) which is the Defendant Research Institute and its branch offices, as follows, and retired on December 31, 2017.

From June 15, 1993 to December 31, 2017, the term “the senior officer of the Republic of Korea Basic Science Support Institute” means a person appointed to engage in stable research activities through extension of retirement age as a researcher who has created outstanding research outcomes from among full-time research officials in office around December 2004 to December 31, 209, from December 31, 2010 to December 31, 2017, from the head of the Department C of the Department of the Korea Basic Science Support Institute C of the Korea Basic Science Support Institute of the Korea Basic Science Support Institute of January 2014 to December 31, 2017.

Article 3 (Selection and Operation Scale) (1) The number of outstanding researchers selected each year shall not exceed 2% of the total number of regular research staff each year.

(2) The total number of outstanding researchers shall not exceed 10% of the total number of regular research officials each year.

Article 6 (Selection Procedures) (1) The head of the personnel department shall establish a plan for the selection of excellent researchers once a year in the second half of the year, and implement the selection procedures accordingly.

Provided, That if there are unavoidable reasons, it may be applied differently with the approval of the director.

(5) The Recommendation Committee shall examine the applicant's research performance, contribution excellence, etc. in accordance with the examination table of the recommendation committee for outstanding researchers under subparagraph 4 of attached Table 4 based on a written deliberation on selection for extension of retirement age of outstanding researchers under subparagraph 3 of attached Table 3, and shall recommend candidates for outstanding researchers not exceeding twice the number of applicants with a comprehensive score of at least 60 in the order of

(7) The department in charge shall finally determine the candidates recommended by the recommendation committee after deliberation by the personnel committee and with the approval of the head of the relevant kindergarten, and publicly notify the results of the selection of outstanding researchers inside the agency.

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