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(영문) 서울고등법원 2020.06.10 2019누62712
취업제한처분, 취업불승인처분 및 해임요구처분 취소의 소
Text

1. Revocation of the first instance judgment.

2. The Defendant Government Public Service Ethics Committee shall apply to the Plaintiff on October 26, 2018.

Reasons

1. The name of the department in charge of the position during the period of service on March 16, 2013 to September 16, 2013, the administrative officer C from September 17, 2013 to May 3, 2016, the administrative officer DD from May 4, 2016 to September 25, 2016, respectively.

A. The Plaintiff served as a public official belonging to the Fair Trade Commission (hereinafter “Fair Trade Commission”) and retired on March 16, 2018.

The department to which the Plaintiff belonged for five years before his retirement (hereinafter referred to as the "department to which the Plaintiff belonged before his retirement") shall be as follows:

B. On April 2018, the Plaintiff requested the Defendant Government Public Service Ethics Committee (hereinafter “Defendant Committee”) to verify whether employment is restricted pursuant to Article 18(1) of the Public Service Ethics Act, in order to be employed as an adviser by B (hereinafter “B”).

C. On May 1, 2018, the Defendant Council notified the Plaintiff that it is possible to be employed as a consultant pursuant to Article 18(3) of the Public Service Ethics Act (hereinafter “instant employment notification”). D.

On May 8, 2018, the Plaintiff was employed as a consultant of B.

E. On June 20, 2018, while investigating the case of illegal re-employment of a retired on the basis of the Fair Trade Act (hereinafter “B case”), the prosecutor confirmed that the case of reporting a violation of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) by the relevant department was omitted and the examination of confirmation of employment restrictions against the Plaintiff was conducted on February 13, 2014 when the Plaintiff was working on the Fair Trade Commission D.

F. On September 19, 2018, the investigator in charge of the officer in charge of the officer in charge of the Audit and Inspection Office notified the Plaintiff that he/she should undergo an examination of employment approval for employment as a consultant B, and on September 28, 2018, the Plaintiff filed an application with the Defendant Committee for employment approval pursuant to Article 18(2) of the Public Service Ethics Act.

G. On October 26, 2018, the Defendant Committee conducted a review on whether the Plaintiff’s employment restriction was restricted, and as a result, conducted a review on the same day before the Plaintiff retires.

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