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(영문) 수원지방법원 2015.04.30 2014구합55572
근속승진임용제외처분취소의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 2, 200, the Plaintiff was appointed as a naval noncommissioned Officer ( Staff sergeant) and served for five years until September 1, 2005, and served as a military personnel for nine years in total as of February 1, 2006 and promoted to the First Lieutenant on December 1, 2008, and served as a military personnel for nine years in total.

(hereinafter referred to as "military career"). (b)

The Plaintiff, through limited competitive employment on April 15, 2010, was appointed as a local assistant, who is a public official of Grade 10 in the occupational group of the Defendant’s office and the class of the class of the class of the assistant affairs assigned to the Defendant. On January 20, 2012, the Plaintiff was promoted on a general basis as

(On the other hand, the Local Public Officials Act was amended by Act No. 10700 on May 23, 201, and its function level 10 was abolished. A local public official of class 10 was planned to be promoted to class 9 of skills on May 24, 2012 by Article 3 and Article 1 of the Addenda to the Act. However, Article 2(1) of the Addenda to the Decree on the Appointment of Local Public Officials amended by Presidential Decree No. 23093 on August 22, 201 provided that the period of promotion shall be more than 10 days from the date of promulgation if the period of promotion is more than 4 years, and if the period of promotion is less than 2 years, it shall be promoted on December 31, 201 and May 23, 2012, respectively).

As the Local Public Officials Act was amended by Act No. 11531, Dec. 11, 2012, the organization of public officials in technical service among public officials in career service was abolished, the Plaintiff was transferred to Grade 9 local facility management report for the occupational group and facility management class among public officials in career service on December 12, 2013 pursuant to Article 4 of the Addenda to the above Act.

On January 1, 2014, the Defendant conducted promotion for continuous service to a public official in the facility management series. On the ground that the Plaintiff’s “military career shall not be included in the period of promotion for continuous service, and the Plaintiff’s period of service at class 9, 10 and class 9 in general service does not meet the period of promotion for continuous service” (hereinafter “instant disposition”).

E. The plaintiff is dissatisfied with this.

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