Of the instant lawsuit, the conjunctive claim is dismissed.

The plaintiff's primary claim is dismissed.

The costs of lawsuit.

Details of the disposition

, etc.

A. The Plaintiff is a public official of Grade VI (Assistant) in the series of the court affairs in general service in Seoul Rehabilitation Court, who was working in the Seoul Rehabilitation Court from March 2017 and currently serving in the District Court B.

B. The Plaintiff applied for the examination for promotion to Grade V (V) in April 21, 2018, which took effect on April 21, 2018 while serving in the Seoul Rehabilitation Court (hereinafter “instant examination for promotion”).

The subject of the instant promotion examination is 580 persons in total, and pursuant to Article 46(1) of the Court Officials Rules of the Republic of Korea, the Defendant determined the successful candidates by selecting the number of persons from the person with higher aggregate points, to the number of prospective candidates for promotion, who are calculated by adding the results of the first examination and the results of the second examination to the same proportion, and 30 percent of the rating points based on the regular rating, and the list of candidates for promotion (hereinafter “instant list of candidates for promotion”).

C. On May 31, 2018, the Defendant issued a disposition of success in promotion to the Plaintiff, one of the applicants, who failed to pass promotion.

(hereinafter “instant failure disposition”). On the other hand, the Plaintiff cannot apply for a general examination for promotion to Grade 5, which is based on the proviso of Article 44(1) of the Rules of the Court Officials, by limiting the application for a general examination for promotion to Grade 5.

On February 11, 2019, the Plaintiff filed a lawsuit seeking a judgment as stated below, including the confirmation of invalidity of the instant disqualified disposition, with the Seoul Administrative Court 2019Guhap965.

The claim(s) of the Seoul Administrative Court 2019Guhap965 case(s) is primarily indicated in the case(s).

1. The Seoul Rehabilitation Court’s Work Performance Evaluation Committee determines the order and rating point of a person subject to a regular rating in December 2017 during the period of work performance rating (from July 1, 2017 to December 31, 2017) for the second half of 2017, which was conducted against the Plaintiff.