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(영문) 부산지방법원 2016.10.20 2015가합47399
직급지위 확인 등 청구의 소
Text

1. The part concerning the claim for confirmation of class and status among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The defendant is a corporation established pursuant to the Korea Railroad Corporation Act, and on March 28, 2005, the plaintiff was newly appointed as the assistant engineer of the defendant's Busan Regional Headquarters, the Busan Local Headquarters, and the Busan Local Headquarters, and the office of the deceased.

B. On February 22, 2010, the Plaintiff was subject to the Defendant’s one-month disciplinary action for salary reduction, and on March 26, 2010, the said salary reduction disposition was changed to the reprimand (hereinafter “instant reprimand”).

C. On October 1, 2010, the Defendant issued the Plaintiff as “class 5 of driving.”

On December 29, 2010, the defendant revised the personnel regulations in force as follows with respect to the calculation of the period of service necessary for the promotion of continuous service of workers:

Article 25 (Promotion for Continuous Service) (1) For the appointment of continuous service promotion under Article 27 (3) of the Personnel Regulations, the following periods of service shall be held in the relevant class:

1. Grade IV: 12 years;

2. Grade V: Seven years;

3. Grade VI: Five years. (2) Any promotion made pursuant to paragraph (1) shall be held on the 1st day of the following month in which the period of promotion arrives, but with respect to the relevant personnel, the prescribed number of personnel in higher classes shall be deemed

In such cases, deliberation procedures by a separate promotion screening committee shall not be conducted, but a person falling under any subparagraph of Article 30 of the Personnel Regulations shall be excluded.

Article 30 (Promotion for Continuous Service) (1) In order to promote continuous service under Article 26 (4) of the Personnel Regulations, a period under any of the following subparagraphs shall be served in the class and shall be held on the first day of the month following the month in which the period arrives:

1. Grade IV: 12 years;

2. Grade V: Seven years;

3. Grade VI: Five years. (2) The calculation of the period of promotion for continuous service as referred to in paragraph (1) shall be calculated except for the period of restriction on promotion as prescribed in Articles 29 and 30 of the Regulations;

Provided, That in cases of disciplinary action and dismissal from position, the cancellation period prescribed in Article 66 shall arrive between the scheduled date of continuous service promotion and the number of years required for continuous service promotion by class under paragraph (1) calculated except for the above restriction period.

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