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(영문) 서울행정법원 2017.03.24 2016구합1851
임용무효처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 13, 2015, the central head of the fire-fighting school delegated the authority to conduct a competitive recruitment examination for fire-fighting officers by the Defendant, Article 6(2)3 of the Fire-Fighting Officials Act, and Article 34 of the Decree on the Appointment of Fire-Fighting Officers (hereinafter “the head of the fire-fighting school”) publicly announced a competitive recruitment examination to employ ten fire-fighting officers in special areas (hereinafter “instant recruitment examination”).

B. On the premise that the Plaintiff had worked in B and the Korea Environment Corporation, the Plaintiff applied for C (employment as fire-fighting captain) among the instant recruitment examination, and was publicly notified as a final successful candidate on June 17, 2015, following written tests, physical fitness tests, document screening, physical examinations, aptitude tests, and interviews, and registered as a candidate for employment on July 3, 2015.

C. Article 5(1)2 and (3) of the Fire Officials Act and Article 3(3) of the Decree on the Appointment of Fire-Fighting Officers (hereinafter “the Head of the Rescue Center”) delegated the authority for appointment of fire-fighting officers below fire-fighters by the Defendant, who are delegated the authority for appointment by the Defendant, were appointed as the Fire-Fighting Assistants on August 10, 2015.

On September 21, 2015, the head of the rescue headquarters inquireds the Korea Environment Corporation with work experience in determining the Plaintiff’s salary grade, and became aware that the Plaintiff actually worked as a D Team administrative (support) intern in the Korea Environment Corporation, and that the Plaintiff’s work experience stated in the career certificate in the name of the Korea Environment Corporation in the name of the Plaintiff, which was submitted by the Plaintiff, was aware that the Plaintiff’s work experience was voluntarily higher than that of the Plaintiff.

E. On October 15, 2015, the head of the rescue headquarters shall apply Article 44 of the State Public Officials Act and Article 51 of the former Decree on the Appointment of Fire-Fighting Officials (amended by Presidential Decree No. 26231, May 6, 2015; hereinafter “the Appointment of Fire-Fighting Officials”) to the Plaintiff, and on the ground that “the Plaintiff submitted a forged career certificate at the time of the instant recruitment examination,” thereby cancelling the appointment of fire-fighting officials (hereinafter “instant disposition”).

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