1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On November 23, 1995, the Plaintiff was appointed as a local public official in North-gu, Gwangju Metropolitan City, and is currently affiliated with the North-gu, Gwangju Metropolitan City. 2) On the other hand, the Plaintiff was elected as C on November 30, 2015.

B. On November 30, 2015, the Defendant issued an order of temporary retirement to the Plaintiff for personnel management of nursing leave under Article 63(2)5 of the Local Public Officials Act.

(Period from November 30, 2015 to November 29, 2016; hereinafter “instant nursing leave order”). (C)

On February 17, 2016, the Defendant issued a personnel order ordering the Plaintiff to return to the department to which he/she belongs by March 2, 2016 under Article 38-17(1) of the Decree on the Appointment of Local Public Officials on the ground that “the Plaintiff’s major employment activity is recognized as being used for any purpose other than temporary retirement,” and urged the Plaintiff to implement the reinstatement order on March 3, 2016 and March 15, 2016. 2) On April 5, 2016, the Defendant issued a personnel order ordering D and work pursuant to Article 65(2) of the Local Public Officials Act.

(hereinafter “instant disposition”) D.

The Plaintiff filed an appeal review with the Gwangju Metropolitan City appeals review committee, which was dissatisfied with the instant disposition, but the said review committee dismissed the Plaintiff’s request on May 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 16, Eul evidence Nos. 1, 2, 3, 9, 10, 11, and the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio.

A. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act. The legal interest refers to the direct and specific interest protected by the law based on the pertinent disposition, and it does not constitute an indirect or factual or economic interest.