2015Guhap1930 Notice of Non-Recognition of Career Cumulative

A person shall be appointed.

Three-party Market

October 22, 2015

November 5, 2015

1. On January 26, 2015, the Defendant’s disposition of non-recognition of aggregate work experience against the Plaintiff is revoked.

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

The order is as set forth in the text.

1. Details of the disposition;

A. On February 21, 2003, the Plaintiff graduated from the department of regional development (the name was changed to "C University" as of October 8, 2003) and served as an agent in the urban planning department from October 8, 2003 to June 30, 2009, and as the director in the division of the urban planning division from July 20, 2009 to December 31, 201, respectively. The Plaintiff obtained a certificate of an urban planning engineer on December 14, 2012 thereafter.

B. On February 14, 2013, the Chairperson of the Gangwon-do Personnel Committee publicly announced the Gangwon-do Local Public Officials Employment Examinations (hereinafter “instant Appointment Examinations”) implementation plan in 2013 as follows.

○ Number of persons to be selected and subjects of examination

C. On October 29, 2013, the Plaintiff applied for a request to define the salary grade by adding up the period of service at a private company’s private company to the Defendant on January 22, 2015, while he/she was appointed as a local facility clerk on October 29, 2013, and was issued as a three-party viewing on May 25, 2014 after being appointed as a regular and three-party staff member on May 25, 2014.

D. On January 26, 2015, the Defendant notified the Plaintiff on the grounds that the scope of recognition of career experience in the private sector was similar in the event that the Plaintiff acquired a certificate of qualification in the relevant field, served in the same field, or was recognized as a related field of duties in the career competition examination without a certificate of qualification, and that the Plaintiff does not fall under this case. (hereinafter “instant disposition”).

E. The Plaintiff filed a petition review with the Gangwon-do Local Appeals Commission, but was dismissed on April 13, 2015.

【Grounds for Recognition】

Gap evidence Nos. 1 and 2 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the party's assertion (1) The plaintiff argues that the guidelines interpreting the purpose of this case's guidelines for the handling of local public officials' remuneration for each occupation exceeds the scope delegated by the upper law, and thus, are unlawful since the guidelines are unlawful as they are so far as the guidelines for the handling of local public officials' remuneration for each occupation exceeds the scope delegated by the upper law, and thus are unlawful as they are not subject to laws and regulations, and the dispositions of this case based on this is unlawful, since the guidelines for the handling of local public officials' remuneration for each occupation (hereinafter referred to as the "the instant handling guidelines") are unlawful, inasmuch as they are not subject to laws and regulations.

(2) As to this, the Defendant asserts that the instant processing guidelines enacted pursuant to the delegation of relevant Acts and subordinate statutes stipulate that the career without qualification, etc. may be added to the career of a public official appointed by the career competitive examination. However, the Plaintiff, while working in the urban planning-related field without qualification certificate, etc., acquired a certificate of an urban planning engineer and was appointed through an open competitive examination, and thus, rejected the Plaintiff’s application for aggregate of career experience is lawful.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

C. Determination

(1) The so-called administrative rule established in relation to the administrative organization (A) of the instant disposition is generally effective only within the administrative organization and does not have external binding force. However, if a delegated administrative agency specifically determines matters to be the contents of the relevant statute in the form of administrative rules by granting the authority to determine specific matters of the statute to a specific administrative agency, such administrative rules, regulations, etc. have the function to supplement the contents of the statute in accordance with the validity of the provision that grants the authority to supplement the specific matters of the statute to an administrative agency. Therefore, unless it does not go beyond the delegation limit of the pertinent statute, it becomes effective as an external binding legal order (see Supreme Court Decision 97Nu1915, Jun. 9, 198, etc.). (b) Article 27(1) of the Local Public Officials Act provides that new appointment of public officials should be conducted through an open competitive examination, and Article 27(2) of the Local Public Officials Act provides that a public official may be appointed as a "career examination for appointment in a way falling under the same cause (hereinafter referred to as "career examination for appointment").

Meanwhile, Article 45(1)1 of the above Act provides that matters concerning the salary grade, salary grade, and raise of a public official shall be prescribed by Presidential Decree, and the local public official salary regulations have been enacted upon delegation. According to the local public official salary regulations, the beginning salary grade of a public official shall be defined by the starting salary grade table of the public official [Attachment 1], but when it does not fall under the same table, one salary grade shall be granted. In such cases, if there are reasons such as special salary grade or increase of a salary grade in the relevant public official's career, it shall be reduced or decreased (Article 8(2)), and if a public official submits materials verifying the career experience not reflected in the initial salary grade when he/she is in his/her service, he/she shall re-determine the salary grade (Article 9(1)1-2), and the person with the authority to define the salary grade may inquire about the history of the relevant public official, public institutions, corporations, organizations, private enterprises, etc. related to the relevant career experience, and the Minister of the Interior shall establish the same deliberation committee and determine the relevant career experience under Article 9(2).

In addition, according to the remuneration regulations for local public officials [Attachment 1], in the case of public officials in general service [Attachment 2], if there is a career in the case of public officials in general service, the beginning salary class is defined on the basis of the career period calculated by rank. [Attachment 2] Paragraph (2) Item (a) Item 1 of [Attachment 2] provides for the calculation of the career period by applying the conversion rate of less than 100 percent to the "career in the case of public officials in general service, who are engaged in the same field as the series of class and class to be selected in corporations, organizations, private enterprises, etc.

The Rules on Remuneration of Local Public Officials [Attachment 2] provides that the details of the career conversion rate of public officials in general service shall be prescribed by the Minister of Government Administration and Home Affairs. Based on this provision, the treatment guidelines of this case, which were established based on this provision, shall be subject to recognition of "regularly paid career experience while directly engaged in the same field as the expected class and class of position." In this case, "the same field" shall be determined by combining the above rules of the Local Public Officials Act with those of the same field after obtaining qualification certificates, licenses, and doctorates, or those of service without qualification certificates, certificate, license, or doctorates, which are recognized as the relevant field of work, or those of service without qualification certificates, and recognized as the relevant field of work experience, such as the career competition examination as the same field of work experience, but shall be determined through the career conversion evaluation council for each agency (Article 45 (1) of the Local Public Officials Act, Article 8 (2) of the Local Public Officials Remuneration Regulations, and Article 27 (2) 2 of the Local Public Officials Act shall be determined as the scope of the appointment of the above.

(A) The instant guidelines provide that the scope of career experience of public officials, such as qualification certificates, shall be limited to those of public officials who are employed in the same field as those of public officials in the relevant field of work, such as career examinations, or those corresponding thereto, for the same purpose as those of public officials in the relevant field of work. Considering the overall purport of oral argument in subparagraph 1, it is reasonable to recognize that the instant guidelines are applicable only to those of public officials who are employed in the open competitive recruitment examination and appointment. On the other hand, it is reasonable to recognize that the instant guidelines are applicable only to those of public officials who are employed in the same field of work experience as those of public officials, and that those who are employed in the same field of work experience as those of public officials in the open competitive recruitment examination and appointment as those of public officials without qualification certificates, and that such guidelines are applicable only to those of public officials who are employed in the same field of work experience as those of public officials, regardless of whether it is reasonable to discriminate in the open competitive recruitment examination and appointment.

2) A local public official’s remuneration regulation [Attachment 2] provides that similar work experience that reflects the definition, etc. of the beginning salary class is “a full-time work experience in the same field as that of the expected class of appointment and the class of position,” and does not provide that the scope of reflection of such similar work experience is limited to a case of appointment through a career competition examination.

3) The instant guidelines stipulate that the work experience subject to recognition is "a work experience in the same field as that of the expected class and class for which appointment is to be made, and is regularly paid a full-time work experience, and further, "a work experience in the same field" and "a work experience without a qualification certificate, etc. after obtaining a qualification certificate," and specifically define the work experience subject to recognition as "a work experience in the relevant field without a qualification certificate, etc." as "a work experience recognized as a relevant field of work in the career competition examination, etc., but it is recognized as the same field where it is a work experience recognized as a relevant field of work in the relevant field of work, such as a work experience examination, etc., but it is determined through the "The

In full view of the structure, form, and content of the language, “the corresponding career” under the instant treatment guidelines is equivalent to “the career recognized as the relevant job field in the career competitive examination, etc. that requires the career experience for each occupation, such as Article 27(2)3 of the Local Public Officials Act, and is interpreted as “the career recognized through a certain examination procedure.”

4) The remuneration regulations for local public officials [Attachment 2] and the instant treatment guidelines stipulate that the work experience subject to conversion is "the same field as the expected class and class of class to be assigned." In light of the above revision and purport of the system of recognition of work experience for each agency, it is reasonable to interpret that the main contents of deliberation in conversion of work experience for public officials is whether the relevant public official is the same field closely related to his/her duty to be continuously performed as a public official, or whether the relevant public official is appointed through an open competitive recruitment examination or career competition examination. 5) Even if a public official is appointed through an open competitive recruitment examination, it is reasonable to interpret that the work experience of a public official is equivalent to that of his/her work experience in a private company, etc. where the relevant public official continues to perform his/her duties in such a field, etc., as the case of appointment through an open competitive recruitment examination."

6) The Ministry of Government Administration and Home Affairs also expresses the purport of "an open competitive recruitment entity may cause enormous financial burden and confusion if both the past and past private career experience are recognized only on the basis of the current similarity of work." However, the corresponding career in the instant processing guidelines is equivalent to the career recognized in the relevant field of work in the career competitive examination, etc. which requires the career experience, and it can be interpreted as a career recognized through a certain examination procedure. The purpose of the guidelines can be limited to where a public official appointed through an open competitive recruitment examination determines the position and position to be designated as a specific field and continues to perform his/her duties in the future, and it can be limited to where a public official appointed through an open competitive recruitment examination determines the position and position to be designated as a specific field, and it is difficult to deem that the scope of recognition is likely to expand unfairly.

The disposition of this case is unlawful without examining the possibility of adding up the plaintiff's private work experience employed through an open competitive recruitment examination on the premise that the work experience can be added up without qualification certificate, etc. to that of the private company, etc.

3. Conclusion

Therefore, the claim of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges Kim Jong-il

Judgment Notarial Order

Judges Hong Dak-ray

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.