1. Of the instant lawsuit, the part concerning the claim for the cancellation of removal from position on April 21, 2015 shall be dismissed.

2. The plaintiff's remainder.

Details of the disposition

At the time of December 18, 1981, the Plaintiff was appointed as an administrative secretary to the B Office in the Ministry of Labor, and from February 28, 2014, the Plaintiff served as a labor inspector from the Busan Regional Employment and Labor Office’s work improvement guidance division.

On April 21, 2015, the Defendant released the Plaintiff’s position pursuant to Article 73-3(1)2 of the State Public Officials Act on the ground that the Plaintiff was unable to perform his/her duties.

(2) On June 18, 2015, the Prosecutor General of the Ministry of Employment and Labor examined the Plaintiff, and notified the Plaintiff of the request for a mid-term disciplinary decision to the Busan Regional Employment and Labor Office. On June 19, 2015, the Prosecutor General of the Ministry of Employment and Labor requested a mid-term disciplinary decision to the Busan Regional Employment and Labor Disciplinary Committee (hereinafter “instant misconduct”). On June 19, 2015, the Defendant released the Plaintiff’s position pursuant to Article 73-3(1)3 of the State Public Officials Act on the ground that the Plaintiff’s request for a mid-term disciplinary decision was made.

(hereinafter “instant removal from position 2.” The Defendant, following a resolution of the General Disciplinary Committee of the Busan Regional Employment and Labor Agency, was subject to disciplinary action for February 13, 2015 against the Plaintiff.

(hereinafter “instant disciplinary action”). On the other hand, on May 19, 2015, the Plaintiff filed a petition review with the Ministry of Personnel Management seeking revocation of removal from the primary position, but the said commission dismissed the Plaintiff’s petition review on August 17, 2015.

In addition, on July 16, 2015, the Plaintiff filed an appeal review with the Ministry of Personnel Management seeking revocation of removal from the secondary position of the instant case, and on August 7, 2015, respectively, to seek revocation of the instant disciplinary action, but the said commission dismissed all the Plaintiff’s appeal review on October 19, 2015.

[Grounds for Recognition] A. 1, 2, and 1, 3.3. of the 2015Guhap2766 case