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(영문) 부산지방법원 2016.04.21 2015구합23442
인사발령처분 취소 청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

From August 5, 2010, the Plaintiff, as a local public official, served as a local health assistant in the plane captain-gun Busan Metropolitan City as a local health assistant, and was promoted to the local health assistant (Grade VI) on February 7, 2013.

On July 30, 2015, the head of Busan Metropolitan City issued a personnel order to the plaintiff as of August 3, 2015, ordering him/her to work in the Seo-gu Busan Metropolitan City, Busan Metropolitan City.

On August 4, 2015, the Defendant issued a personnel order to the Plaintiff on August 3, 2015, ordering him/her to work in the Seo-gu Busan Metropolitan City Public Health Center B.

On August 6, 2015, the Plaintiff filed a petition review with the Busan Metropolitan City Mayor and the Defendant seeking revocation of the relevant personnel order against the Plaintiff, but the Busan Metropolitan City Review Committee dismissed the petition on September 15, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 3 through 5, 12, and 21; the fact-finding results of this court's fact-finding with the Geum-gu Busan Metropolitan City Office, the Busan Metropolitan City Office, and the Busan Metropolitan City Office; and the purport of the entire pleadings of the lawsuit in this case is legitimate; and as to the lawsuit in this case against the defendant, the plaintiff against whom the defendant sought revocation of a personnel assignment order against the defendant on August 4, 2015, the defendant has already received a personnel assignment order ordering the plaintiff to work in the Geum-gu Busan Metropolitan City. Thus, the defendant has no interest in the lawsuit.

In full view of the overall purport of the arguments in the evidence Nos. 17, 22, 29 through 31, and No. 1, the Busan Metropolitan City Mayor issued a personnel order to the plaintiff on August 21, 2015 to the plaintiff as of September 1, 2015, and accordingly, the plaintiff served in the Geum-gu Busan Metropolitan City from September 1, 2015 to Busan Metropolitan City, the head of Busan Metropolitan City issued a personnel order to the plaintiff as of February 3, 2016, and according to the above personnel order, the plaintiff served as the head of the Seo-gu Busan Metropolitan City, the head of Busan Metropolitan City issued a personnel order to the plaintiff as of February 3, 2016.

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