1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff was appointed as the Daegu Metropolitan City Head of Local Tax Office in 1996 and was transferred to the Busan Metropolitan City Seo-gu in 1999 and was on duty to be promoted to B in 2009.

B. On October 16, 2015, the Plaintiff was elected as 8-year public official labor union (hereinafter “major labor union”) and filed an application for nursing leave to the effect that the Plaintiff would have been a mother-child’s nursing on several occasions thereafter, but the Defendant did not approve the leave since it did not require the mother-child to attend the school and it was likely that the Plaintiff might engage in the major labor union.

C. On December 8, 2015, the Plaintiff applied for a nursing leave with the mother and the mother’s nursing, and the Defendant deemed it necessary to have the mother’s nursing, and received a statement of reasons for the nursing leave and a written undertaking from the Plaintiff on December 16, 2015, and ordered the Plaintiff to take a leave of absence for one year (from December 16, 2015 to December 15, 2016).

On December 23, 2015, the Ministry of Government Administration and Home Affairs requested the Defendant to issue a reinstatement order on the grounds that the Plaintiff was engaged in major labor-management activities and this constitutes a use other than the purpose of temporary retirement.

E. On January 22, 2016, the Defendant ordered the Plaintiff to be reinstated pursuant to Article 38-17 of the Decree on the Appointment of Local Public Officials on the ground that his major labor union activities constitute a collective act for activities other than official duties prohibited by Article 58 of the Local Public Officials Act due to non-legal organization activities and constitutes a use other than official duties.

(f) On March 29, 2016, the instant disposition was suspended by the time of rendering this judgment.

G. On March 14, 2016, the Plaintiff filed a petition review seeking revocation of the order of reinstatement with Busan Metropolitan City, but was dismissed on June 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 12, 13, Eul evidence 1, 2, and 12 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made during the period of leave of absence, and thus, the Plaintiff was actually mother-child and mother-child’s nursing.