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(영문) 서울행정법원 2016.06.23 2015구합74364
특별승급처분취소처분
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a local administrative assistant as a local administrative assistant on May 27, 1991, and was promoted to the local administrative assistant (Grade VI) on August 14, 2009. From September 9, 2011, the Plaintiff served as a computerized information and B from Seongdong-gu administrative management department in charge of Seongdong-gu and served as a local public official in charge of the traffic administration and C from January 8, 2015.

B. On June 24, 2014, the Plaintiff participated in the central excellent proposal jointly with D (a part-time public official in a local term position) and E (F at the time of Seongdong-gu Administrative Management Bureau) in the establishment of the integrated welfare management system for government 3.0 customized welfare services (hereinafter “instant proposal”).

C. On October 21, 2014, the Plaintiff won the proposal in the instant case as a public official’s proposal in the field of general administration in the central proposal in 2014.

On December 24, 2014, the Seongdong-gu Seoul Metropolitan Government Personnel Committee resolved on the Plaintiff that special promotion (a salary grade 1) is adequate, and on March 5, 2015, the Defendant issued a disposition to raise special promotion (a salary grade 6 to Grade 24 through Grade 25) to the Plaintiff as of April 1, 2015.

(hereinafter “instant disposition”) e.

On April 3, 2015, the Plaintiff filed a petition review seeking revocation of the instant disposition with the Seoul Special Metropolitan City Local Appeals Commission, but the said petition review committee dismissed the Plaintiff’s petition review on June 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence, Eul evidence Nos. 1 to 4, Eul evidence No. 7-3, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination as to the defendant's defense prior to the merits

A. The defendant's defense does not constitute a special promotion even if the disposition of this case is revoked, and there is no legal interest to seek the cancellation of the disposition of this case.

B. The instant disposition is to raise the Plaintiff’s salary class at one step, which is favorable to the Plaintiff as a disposition separate from the special promotion.

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