1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On January 15, 200, the Plaintiff was appointed as a local public official in North-gu, Gwangju Metropolitan City and currently belongs to the North-gu, Gwangju Metropolitan City. 2) Meanwhile, on November 30, 2015, the Plaintiff was appointed as a national public official labor union B (hereinafter “major labor union”).

B. On October 22, 2015, the Defendant issued an order of leave of absence to the Plaintiff for the personnel management of nursing leave under Article 63(2)5 of the Local Public Officials Act.

(Period: From October 26, 2015 to October 25, 2016; hereinafter referred to as “instant nursing leave order”).

On February 17, 2016, the Defendant notified the Plaintiff of the reinstatement order under Article 38-17(1) of the Decree on the Appointment of Local Public Officials and urged the Plaintiff to implement the reinstatement order on March 3, 2016 and March 15, 2016. (2) On April 5, 2016, the Defendant issued a personnel order ordering the Plaintiff to perform duties under Article 65(2) of the Local Public Officials Act.

(hereinafter “instant disposition”) D.

The Plaintiff filed an appeal review with the Gwangju Metropolitan City appeals review committee, which was dissatisfied with the instant disposition, but the said review committee dismissed the Plaintiff’s request on May 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 16, Eul evidence Nos. 1, 2, 3, 9, 10, 11, and the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio.

A. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act. The legal interest refers to the direct and specific interest protected by the law based on the pertinent disposition, and it does not constitute an indirect, factual, or economic interest.

Therefore, it has already been effective.