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(영문) 대전지방법원 2014.06.19 2013가합4467
징계처분 등 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant foundation (former name is "C, a foundation," the name of which was changed as of February 1, 2013) is an affiliated organization of the former Ministry of Knowledge Economy (hereinafter "Ministry of Knowledge Economy") established for the purpose of fair and systematic assessment, management, and efficient promotion of regional industry support projects, such as the fostering of economic region leading industries, based on the "Special Act on Balanced National Development" and the common operational guidelines for regional industry support projects (Notice of the Ministry of Knowledge Economy) on June 22, 2009. (b) The defendant foundation is an "management agency" under subparagraphs 3 and 10 of Article 3 of the "Guidelines for Common Operation of Local Industry Support Projects", which is delegated by the Ministry of Knowledge Economy to act on behalf of the support business for regional industries pursuant to subparagraph 2 of Article 3 of the above Guidelines, and has concluded the "Korea Institute for Advancement of Technology," which is the "Agency exclusively in charge of regional industries," and the "Convention for Promotion of Metropolitan Economic Zone Leading Industry" on project projects and projects.

C. On July 15, 2009, while the Plaintiff was employed as the responsible researcher of the Defendant Foundation and performed the duties of the head of the planning and evaluation office, the Plaintiff promoted to the senior researcher of the Defendant Foundation on May 1, 201. On June 7, 2012, the Defendant Foundation issued a personnel order to the responsible researcher who is the next rank of the Plaintiff at the rank of the senior researcher.

hereinafter referred to as "an order of this case"

D. The Plaintiff worked as the head of the planning and evaluation office from July 15, 2009 to June 6, 2012, and took overall charge of the selection and evaluation of project projects, including the formulation and reporting of project agreements and detailed project implementation plans, and the formulation and overall evaluation of various evaluation plans.

E. Meanwhile, the Ministry of Knowledge Economy, from October 15, 2012 to October 23, 2012, shall conduct an audit on the Defendant Foundation, and thereafter, shall artificially interpret the Plaintiff as the core function of the management agency, operate the assessment duties in a prior way, and cross the assessment duties.

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