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1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. (1) On November 23, 1995, Plaintiff A was appointed as a local public official of the North-gu Seoul Metropolitan City, and then is currently employed by the North-gu Office of Gwangju Metropolitan City. (2) On January 15, 2000, Plaintiff B was promoted to D after being appointed as a local public official of the North-gu Seoul Metropolitan City, and is currently employed by the North-gu Office of Gwangju Metropolitan City.
3) Meanwhile, the Plaintiff A’s major labor union on November 30, 2015 (hereinafter “major labor union”)
(B) On November 30, 2015, Plaintiff B was elected as a major worker F. The Defendant issued a personnel order for nursing leave under Article 63(2)5 of the Local Public Officials Act (the period from November 30, 2015 to November 29, 2016) to Plaintiff A on November 30, 2015.
2) On October 26, 2015, the Defendant issued a personnel order to Plaintiff B on the part of the Plaintiff for the nursing leave (from October 26, 2015 to October 25, 2016) under Article 63(2)5 of the Local Public Officials Act (hereinafter “instant order for the nursing leave”).
(C) On February 17, 2016, the Defendant issued an order of reinstatement to the respective departments to which he/she belongs, under Article 38-17(1) of the Decree on the Appointment of Local Public Officials, on the ground that “the Plaintiff’s activities for major labor are recognized as being used for any purpose other than temporary retirement” and notified the Plaintiffs of their return to the relevant department by March 2, 2016.
(2) On March 3, 2016, and March 15, 2016, the Defendant urged the Plaintiffs to comply with the reinstatement order under each of the instant dispositions. D) The Plaintiffs dissatisfied with the instant disposition and filed an appeal review with the Gwangju Metropolitan City Appeals Commission, but the said Appeal Commission dismissed each of the Plaintiffs’ respective claims on May 17, 2016. [In the absence of any dispute over the grounds for recognition, A’s 1 through 4, 20, 20, 21, 12, 13, and 14, the purport of the entire pleadings, and the entire purport of the pleadings.
2. We examine the legitimacy of the instant lawsuit ex officio.
(a)..