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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs were public officials in general service at the prosecution from the time when they were first appointed.
B. As the State Public Officials Act (Act No. 11530, Dec. 11, 2012) and the Decree on the Appointment of Public Officials (Presidential Decree No. 24852, Nov. 20, 2013) enter into force on December 12, 2013, among the previous types of public officials, a former public official in charge of prosecutorial service is deemed to be appointed as a public official in general service on December 12, 2013 pursuant to Article 2(2) of the State Public Officials Act, Article 3(1) of the Addenda, Article 3(3) of the Decree on the Appointment of Public Officials, Article 7(1) of the Addenda, and Article 7(1) of the Addenda.
C. In addition, the latter part of Article 3(1) of the Addenda of the State Public Officials Act, Article 3(1) and (4) of the Special Cases Concerning Appointment, etc. of Change of Position due to Change of Classification of Public Officials (Presidential Decree) and the Guidelines for Special Cases Concerning Appointment, etc. of Change of Position due to Change of Classification
[3] [2] According to Article 28-3 of the State Public Officials Act, public officials in previous technical service who are considered to be appointed as public officials in general service in the management and operation occupational group or in the management occupational category of telephone counseling service may be transferred to public officials in general service in the former general service or in general service who have completed consultation with the Minister of Security and Security through a change of occupation under Article 28-3 of the State Public Officials Act
On April 21, 2014, pursuant to the aforementioned special provisions, the Defendant posted an implementation plan for a change of occupation (hereinafter “instant public official”) following the reorganization of public officials in the prosecutor’s office (hereinafter “instant public official”). The content is to test the “public official in general service in the occupational group in charge of management and operation of affairs or the series of telephone counseling and operation affairs” in the prosecutor’s office in 2014 and to assess the legal knowledge and investigative ability, and to “public official in general service in the occupational group in charge of administrative and prosecutor’s office.”