1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a general medical person who served as a director in charge of the health care division of the medical department department affiliated with the Seoul Special Metropolitan City Hospital (hereinafter “B hospital”) that is a local medical center affiliated with Seoul Special Metropolitan City, which is operated and managed by the Seoul Special Metropolitan City Medical Center (hereinafter “Seoul Medical Center”), and was ordered by the head of the B hospital on January 12, 2015 to be transferred to an emergency department exclusively in charge.

(hereinafter “instant transfer order”). (b)

On January 12, 2015, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission on January 23, 2015, that the instant transfer order issued by the Seoul Regional Labor Relations Commission constituted unfair transfer. However, on March 23, 2015, the Plaintiff was determined as dismissed on March 23, 2015. On April 16, 2015, the Plaintiff revoked the first inquiry court and was determined as reinstated the Plaintiff on July 7, 2015, by recognizing that the instant transfer order was unfair transfer.

C. On July 15, 2015, the Plaintiff ordered the head of the B Hospital to provide health care and service, and returned to his/her former position upon receiving personnel orders (hereinafter “instant re-transfer orders”) from the head of the relevant hospital to the health management and division.

[Basis] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 1-1, 2, Eul evidence 2, 3, 13, and 16, and the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The defendant who has the benefit of confirmation has proved that there is no benefit to seek confirmation of invalidity of the transfer order of this case since the plaintiff was reinstated to his original position in accordance with the transfer order of this case.

Although a lawsuit for confirmation is allowed to eliminate the risk or apprehension with respect to the current rights or legal status, even if it is a past legal relationship, it is recognized that it is an appropriate means to obtain a judgment to confirm the legal relationship in order to eliminate the risk or apprehension with respect to the present rights or legal status.