1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

1. Details of the decision on retrial;

A. The Plaintiff is a public institution under the Ministry of Land, Infrastructure and Transport, which ordinarily employs approximately 468 workers and operates a construction technology service business.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a person employed by the Intervenor on January 1, 1994 and served until May 30, 2019.

B. On March 30, 2016, the Plaintiff decided to appoint 14 experts in general service by converting the Plaintiff’s 14 employees in general service. After deliberation and resolution by the personnel committee on March 31, 2016, 14 employees in general service were transferred to 14 employees in general service.

C. The Ministry of Land, Infrastructure and Transport: (a) from November 14, 2018 to November 16, 2018, conducted an investigation into the transfer of recruitment expenses to the public agencies, including the Plaintiff; and (b) around February 19, 2019, the Ministry of Land, Infrastructure and Transport demanded the Plaintiff to take a heavy disciplinary measure against the Intervenor on the ground that “the Intervenor committed misconduct in the course of determining that the Intervenor would be employed as a full-time employee on March 30, 2016 by converting the fourteen full-time employee into a general service employee.”

On May 2019, the Plaintiff notified the Intervenor that the Intervenor was dismissed (hereinafter “instant dismissal”) on May 30, 2019, following a resolution of the personnel committee, on the ground that the Intervenor committed the following misconduct (hereinafter “instant misconduct”).

From December 8, 2015 to January 21, 2018, an intervenor has overall control over the affairs such as general affairs, use, personnel affairs, labor, welfare affairs, maintenance and management of personnel records, and the operation of the personnel committee while working in the Plaintiff’s management support office.

The intervenor shall select 24 professional employees from among the professional employees who have been in office for at least three years in accordance with the plan for transition of general service (internal policies) in 2016 and whose points of work performance evaluation are at least 70, as candidates for transition of general service, after deliberation and resolution by the personnel committee, and then convert 14 professional employees from general service with the approval of the president. However, at the time of March 30, 2016, the head of the building headquarters D and the head of the civil engineering headquarters E select a company subject to conversion of general service of each headquarters.