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(영문) 서울행정법원 2015.05.22 2015구합51460
전직시험 공고처분 무효 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. As the former State Public Officials Act (Act No. 11530, Dec. 11, 2012) and the Decree on the Appointment of Public Officials (Presidential Decree No. 24852, Nov. 20, 2013) enter into force on December 12, 2013, among the previous types of public officials, a public official in technical service was appointed as a public official in general service in the management and operation occupational group, in accordance with Article 2(2) of the State Public Officials Act, Article 3(1) of the Addenda of the Decree on the Appointment of Public Officials, and Article 7(1) of the Addenda of the aforementioned Decree on the Appointment of Public Officials, as of December 12, 2013, the Plaintiff, while in office as a public official in technical service, was converted to a Grade-7 administrative officer in general service in the management and operation occupational group or in general service of telephone consultation series.

B. In addition, the latter part of Article 3(1) of the Addenda of the State Public Officials Act, Article 3(1) and (4) of the Special Cases Concerning Appointment, etc. of Transfer due to the change of classification of public officials (Presidential Decree No. 1) and the Guidelines for Special Cases Concerning Appointment, etc. of Change of

[3] [2] According to Article 28-3 of the State Public Officials Act, public officials in previous technical service who are considered to be appointed as public officials in general service in the management and operation occupational group or in the management occupational category of telephone counseling service can be transferred to public officials in general service who have completed consultation with the Minister of Security and Public Administration and Security through a change of occupation under Article 28-3 of the State Public Officials Act.

C. On April 21, 2014, pursuant to the aforementioned special provisions, the Defendant posted a notice of the implementation plan for the examination of change of occupation in 2014 following the reorganization of public officials in the prosecution service (hereinafter “instant public notice”). The content of the public notice is “public officials in general service in the occupational group in charge of management and operation of affairs or the series of telephone consultation and operation of affairs (i.e., former public officials in technical service)” in the prosecution in 2014.

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