logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.18 2014구합6075
경기도지방전문경력관임용시험공고처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is currently serving as an officer of the Marine Corps.

B. On September 4, 2014, the Defendant publicly announced the appointment test plan for local professionals of Gyeonggi-do on September 2014, 2014 (hereinafter “instant public announcement”), and the eligibility criteria for application indicated in the above public announcement are as follows.

1. A person who has at least two years of work experience as a professional in the relevant field, who has a license in the relevant field related to chemical, biological or radiological warfare;

2. A person who has a license in the field of nuclear energy with at least two years of professional experience in the relevant field;

3. Fact that there is no dispute over a person who has served for at least two years as an officer in a military chemical branch (based on recognition), entry of evidence A subparagraph 1, and purport of the whole pleadings;

2. According to Article 5(2) of the Plaintiff’s assertion and Article 2-2(1) of the Enforcement Decree of the Military Personnel Management Act and Article 2-2(1) of the Enforcement Decree of the Military Personnel Management Act, since the chemical branch is organized only at the Army, “a person who has at least two years’ work experience as a military chemical branch” in the instant public notice refers to an officer who has at least two years’ work experience at the Army as a chemical branch in the Army.

This is illegal as it discriminates against a person who was engaged in the work related to chemical, biological, and radiological warfare as an officer of the Air Force and the Navy.

Therefore, among the public notice of this case, the cancellation of the "person who has at least two years' work experience at least two years in military chemistry" shall be sought based on the qualification for application.

3. Determination on the legitimacy of the instant lawsuit

A. The summary of the Defendant’s main defense (1) Of the instant public notice, the Defendant’s eligibility criteria for applying the instant public notice is merely based on the content stipulated in attached Table 6-3 of the Personnel Rules of Gyeonggi-do Public Officials’ Personnel Management Rules, and thus,

(2) Professionals from local governments in Gyeonggi-do at the second time, 2014.

arrow