1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Details of the disposition

The plaintiff's status is being promoted to B in 2009 after being appointed as the Daegu Metropolitan City Head of Local Tax Office in 1996 and transferred to Busan Metropolitan City Seo-gu in 199.

On October 16, 2015, the Plaintiff was elected as 8th C by the National Public Officials' Union (hereinafter referred to as "major labor union").

On December 8, 2015, the plaintiff of the defendant's leave order applied for nursing leave to the defendant while the mother's father and the mother's mother will attend a nursing room.

On December 16, 2015, the Defendant issued an order to the Plaintiff for domestic leave of absence (from December 16, 2015 to December 15, 2016) under Article 63(2)5 of the Local Public Officials Act to the Plaintiff on a domestic leave of absence (from December 16, 2015 to December 15, 2016).

(hereinafter “Disposition on Leave of Absence for Family Affairs”). On December 23, 2015, the Ministry of Government Administration and Home Affairs requested the Defendant to issue a reinstatement order on the grounds that the Plaintiff engaged in his/her major labor activity during the period of leave of absence and this constitutes a use other than the use of the period of leave of absence.

On January 22, 2016, the Defendant issued an order to reinstate the Plaintiff pursuant to Article 38-17 of the Decree on Appointment of Local Public Officials on the ground that “major labor union activities constitute collective activities for activities other than public duties prohibited by Article 58 of the Local Public Officials Act due to non-legal organization activities, and the activities for major labor union during the period of domestic leave constitute use other than temporary retirement.”

(hereinafter “Disposition of Reinstatement”). On March 14, 2016, the appeal review Plaintiff filed a petition review seeking cancellation of the instant disposition of reinstatement with Busan Metropolitan City, but the said appeals review committee dismissed the Plaintiff’s request on June 7, 2016.

It is as shown in the attached Form of the relevant statutes.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, 12, 13, Eul evidence Nos. 1, 2, and 12 (including each number; hereinafter the same shall apply), and a reinstatement order under Article 38-17 of the Decree on the Appointment of Local Public Officials is suspended against his/her will against the public official on leave of absence.