The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On July 23, 2018, the Plaintiff was appointed as a non-permanent auditor by a B institution (hereinafter “B institution”).

B. On September 23, 2017, the Chairperson of the Nuclear Safety and Security Commission deemed that the Plaintiff’s participation in the task ordered by the Korea Electric Power Corporation (C) from around September 2017 to January 2018 and the receipt of research funds of KRW 13 million constitutes a ground for ipso facto retirement as prescribed in Article 9-2(1)4 of the former Agency Act (amended by Act No. 17301, May 19, 2020; hereinafter the same shall apply) and notified the Plaintiff of the ipso facto retirement under paragraph (2) of the instant provision on September 23, 2019.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. The phrase “nuclear user” under Article 1(1)4 of the instant provision, newly established by applying mutatis mutandis the grounds for disqualification under the Act on the Establishment and Operation of Nuclear Safety and Security Commission (hereinafter “Nuclear Safety and Security Commission”) to the gist of the Plaintiff’s assertion, is not an unlimited expansion of the scope, but an interpretation should be made only to an institution that is subject to nuclear safety control or an institution that operates nuclear power facilities

Therefore, the Korea Electric Power Corporation cannot be deemed to be included in “nuclear user” as mentioned above, and the Plaintiff does not constitute grounds for disqualification as an officer under Article 1(1)4 of the instant provision.

3. Determination on this safety defense

A. The Defendant’s non-permanent audit of the main safety defense B institutions is set up in public law with B institutions, which are other public institutions, through appointment procedures. Thus, it cannot be deemed that a party to legal relations in public law seeking confirmation is the Defendant.

The instant lawsuit is unlawful as it is against a person without standing to be the defendant.

(b) as shown in the attached Form of the relevant statutes;

C. Article 39 of the Administrative Litigation Act provides that “The parties’ lawsuit shall be the defendants of the State, public organizations and other rights.”

As such, legal relations under public law are legal relations.