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(영문) 서울행정법원 2015.10.08 2015구합66721
전직시험 공고처분무효 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. As the former State Public Officials Act (amended by Act No. 11530, Dec. 11, 2012; hereinafter “former State Public Officials Act”) and the former Decree on Appointment of Public Officials (amended by Presidential Decree No. 24852, Nov. 20, 2013; hereinafter “former Decree on Appointment of Public Officials”) enter into force on December 12, 2013, a former public official in technical service was appointed as “public official in general service in management and operation occupational group or in telephone consultation and operation occupational group” as of December 12, 2013 pursuant to Article 3(1) of the Addenda of the former State Public Officials Act and Article 7(1) of the Addenda to the former Decree on Appointment of Public Officials, the Plaintiff, who was a public official in technical service, was appointed as a public official in Grade VII in charge of management and operation occupational group and operation occupational category.

B. The latter part of Article 3(1) of the Addenda of the former State Public Officials Act, Article 3(1) and (4) of the Special Cases on Appointment, etc. of former Public Officials due to the Change of Classification of Public Officials (amended by Presidential Decree No. 24857, Nov. 20, 2013; hereinafter “Special Cases on Former Appointment”), Article 3(1) and (4) of the former Special Cases on Appointment, etc. due to the Change of Classification of Public Officials (established by Article 53 of the Regulations of the Ministry of the Interior, Dec. 12,

Ⅲ [2] According to the above, a former public official in general service appointed as “public official in general service in the management and operation occupational group or in general service in the management and operation occupational category or in telephone counseling and management occupational category” has been appointed as a public official in general service in the previous general service or in general service through a change of occupation under Article 28-3 of the former State Public Officials Act.

C. On April 22, 2015, the Defendant publicly announced the “plan to conduct an examination for change of occupation (occupational category for office operation telephone consultation and operation) following the reorganization of occupational categories” (hereinafter “instant public announcement”), and the content thereof is a public official in general service in the office of administration and operation or in the office of telephone consultation and operation or in the office of general service in the office of year 2015.

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