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(영문) 서울고등법원 2019.07.16 2018누51654
변리사 제2차 시험 응시 거부처분 취소 등
Text

1. Of the judgment of the court of first instance, the part against the defendant Republic of Korea is revoked.

The defendant Republic of Korea is the plaintiffs.

Reasons

1. From August 31, 201 to December 11, 2013, the name, service period department, and position B 1 B 1 to August 31, 201, the L of mechanical metal construction examiner L of 1 to December 11, 2013, the L of 1 to December 12, 2013, the L of 1 to H of 1 to August 31, 201, the L of 2 to 3 of 1 to 3 of 2 of 20, the L of 1 to 3 of 2 of 20, the L of 1 to 3 of 2 of 1 to 3 of 2 of 20, the L of 1 to 3 of 12 of 20, the L of 1 to 2 of 1 to 3 of 2 of 1 to 3 of 2 of 2013, or the L of 1 to 3 of 2 of 1 to 2 of 12 of 13D 2 of 21 to 2 of 1.

A. The Plaintiffs were appointed as the “specialized contractual position” of the Korean Intellectual Property Office as of each corresponding date as indicated below, and were performing the duties of examining patent applications as an examiner belonging to the Korean Intellectual Property Office from that time to the date of closing argument in the trial of the current trial.

However, according to the State Public Officials Act amended by Act No. 11530 on December 11, 2012 (amended by Act No. 11530, Dec. 12, 2013), all plaintiffs were considered to be appointed as "specialized term system (B)" by the Korean Intellectual Property Office from December 12, 2013 at all times.

B. In accordance with each of the “Rules on Appointment of Public Officials (Ministry of Personnel Management) [Attachment 1] [Attachment 1] [Attachment 1]], when the plaintiffs are appointed as public officials of the rank rank system, according to the amendment of the State Public Officials Act, they shall be deemed to have been appointed as public officials of the Korean Intellectual Property Office, and according to the “Rules on Appointment of Public Officials (Ministry of Personnel Management”) at the time of the amendment of the State Public Officials Act, when the plaintiffs are appointed as public officials of the rank system, the minimum number of years required for promotion shall be calculated.

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