2013Guhap100674, Confirmation of the existence of workers' status and the obligations of direct succession to employment

(b) a claim;

A

Korea

July 24, 2013

September 4, 2013

1. The instant lawsuit shall be dismissed.

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

The defendant shall employ the plaintiff as a state public official in the industrial service (general machinery) of Grade 9.

1. Determination ex officio as to the legitimacy of a lawsuit

The plaintiff's employment contract entered into between the plaintiff and the corporation B (hereinafter referred to as "non-party company") is merely in the form of a contract. The plaintiff provided direct labor to the defendant under the direction and supervision of the government Daejeon Office of Government Daejeon who manages the government Daejeon Office, and thus the relationship between the plaintiff, the non-party company, and the defendant constitutes a dispatch of workers provided for in the Act on the Protection, etc. of Dispatched Workers. The defendant asserts that the plaintiff is obligated to employ the plaintiff as state public official (Grade 9) in accordance with Article 6-2 of the above Act.

Before the judgment on the propriety of the claim of this case on the legitimacy of the lawsuit of this case, pursuant to the relevant provisions such as Article 32 (2) of the State Public Officials Act, Article 6 of the Decree on the Appointment of Public Officials, etc., the new appointment of a public official in general service of class 9 is based on an administrative disposition that is appointed by the competent minister, and in principle, an administrative litigation is not allowed in the form of seeking performance of the duty to act against the Minister and other administrative agencies to act as a public official under the current Administrative Litigation Act. In light of this point, (a) in the case where the plaintiff requested the relevant minister for the appointment of a public official against the pertinent minister, and if the application for appointment is rejected, an administrative litigation seeking performance of the duty to act against the defendant of this case against the Republic of Korea as a state public official is not allowed under the current Administrative Litigation Act, and it is reasonable to view that the lawsuit of this case is unlawful.

2. Conclusion

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench.

The presiding judge, the Giman Judge

Judges Lee Dong-young

Judges Cho Jae-ra

A person shall be appointed.