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(영문) 대전고등법원 2015.08.28 2014나2370
징계처분 등 무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Status 1 of the Defendant Foundation (former name is “C,” which was changed to the name as of February 1, 2013.

) On June 22, 2009, the “Special Act on Balanced National Development” and “Common Operating Guidelines for Local Industry Support Projects (Public Notice to the Ministry of Knowledge Economy)” (hereinafter “Common Operating Guidelines of this case”).

) Based on the former Ministry of Knowledge Economy (Ministry of Knowledge Economy, the Ministry of Trade, Industry and Energy, and the Ministry of Knowledge Economy, the Ministry of Trade, Industry and Energy, and the Ministry of Knowledge Economy, established for the purpose of fair and systematic assessment, management,

(2) The Defendant Foundation is an affiliated organization of the Republic of Korea, which is the “management agency” under Article 3 subparag. 3 and subparag. 10 of the Guidelines for Common Operation of the instant case, and has concluded an agreement with the Korea Institute for Advancement of Technology, which is the “Agency exclusively in charge of local industries,” which is delegated by the Ministry of Knowledge Economy to vicariously perform duties concerning support projects for regional industries pursuant to Article 3 subparag. 2 of the said Guidelines, and the “Agreement on Promotion of Metropolitan Economic Zone Leading Industry,” and has

B. On July 15, 2009, the Plaintiff was employed as the responsible researcher of the Defendant Foundation on the part of July 15, 2009 and promoted to the senior researcher of the Defendant Foundation on May 1, 201, while performing the duties of the head of the planning and evaluation office. On June 7, 2012, the Defendant Foundation issued a personnel order as the personnel management researcher at the rank below the first class of the Plaintiff’s senior researcher (hereinafter “instant disposition”).

(2) 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.

C. The Ministry of Knowledge Economy of disciplinary action against the Plaintiff 1, from October 15, 2012 to October 23, 2012, followed by the audit of the Defendant Foundation, and the “Plaintiff”.

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