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(영문) 부산고등법원 2017.04.19 2016나57970
직급지위 확인 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. Basic facts

A. The defendant is a juristic person established pursuant to the Korea Railroad Corporation Act, and the plaintiff is a person newly appointed on March 28, 2005 by the defendant's Busan Regional Headquarters, Busan Local Headquarters, PPPP, and the assistant officer of the office of driver's office.

B. On February 22, 2010, the Plaintiff was subject to a disciplinary action for one month of salary reduction from the Defendant, and on March 26, 2010, the said salary reduction disposition was changed to a reprimand (hereinafter “instant reprimand disposition”) through a review by the Defendant’s Disciplinary Review Committee.

C. Article 25(1)3 of the Enforcement Rule of the Personnel Regulations (No. 2009-152), the proviso to Article 25(2), Article 30 subparag. 20 of the Personnel Regulations (No. 2010-010)

Pursuant to the provision of this item, since the period of restriction on promotion expires six months (in the process of review of disciplinary action on August 22, 2010, the disciplinary action on February 22, 2010 was changed to the reprimand on March 26, 2010, the Defendant deemed that the disciplinary measure, which was reduced on February 22, 2010, was a disciplinary measure, was a disciplinary measure. The Defendant issued the Plaintiff on September 1, 2010, which was the first day following the date of original disciplinary action, as “Class 5 driving.”

On December 29, 2010, the defendant revised the personnel regulations in force as follows with regard to the calculation of the period of service necessary for the promotion of continuous service of workers.

Article 25 (Promotion for Continuous Service) (1) For the purpose of the appointment for continuous service under the provisions of Article 27 (3) of the Personnel Regulations, after the amendment on December 29, 2010 before December 29, 2010, the following periods of service shall be in the relevant class:

1. Grade IV: 12 years;

2. Grade V: Seven years;

3. Grade VI: Five years. (2) Any promotion made pursuant to paragraph (1) shall be held on the 1st day of the following month in which the period of promotion arrives, but with respect to the relevant personnel, the prescribed number of personnel in higher classes shall be deemed

In such cases, deliberation procedures by a separate promotion screening committee shall not be conducted, but a person falling under any subparagraph of Article 30 of the Personnel Regulations shall be excluded.

Article 30 (Promotion for Continuous Service) (1) In order to promote continuous service under Article 26 (4) of the Personnel Regulations, the class shall hold office for any of the following periods:

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