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(영문) 부산고등법원(창원) 2015.08.27 2015나20127
인사발령무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 1, 2001, the Plaintiff joined the Korea Food and Drug Management Corporation as Grade V in general service and was promoted to Grade IV in general service on July 31, 2001, and served until December 31, 201. The Plaintiff’s position at the time was the captain of the Joseon Tourism Team.

B. On November 28, 2011, the macro-city Facility Management Corporation notified all employees including the Plaintiff of the dismissal notice (the scheduled date of dismissal December 31, 201), and thereafter, the macro-city Facility Management Corporation was dissolved.

C. The Defendant was established on December 28, 201 in accordance with the “Ordinance on the Establishment and Operation of the Large Maritime Tourism Development Corporation” at the time of macroscoping, and was employed through special employment procedures for all employees of the macroscoping Facility Management Corporation except the Plaintiff.

Accordingly, the Plaintiff filed a lawsuit to confirm the status of workers, etc. with the Changwon District Court Tongwon Branch 2013Gahap115, and won the case on September 12, 2013. The Defendant appealed with the Busan High Court 2013Na3524, but the appeal was dismissed on June 19, 2014.

E. On July 7, 2014, the Defendant ordered the Plaintiff to be reinstated to Grade IV in general service, and ordered the Plaintiff to serve as cultural facility team (B Park) and issued a personnel order (hereinafter “instant personnel order”) to be appointed to the Vice-President of the Cultural Facility Team. Around that time, the Defendant notified the Plaintiff of this order.

F. At the time of issuing the instant personnel management regulations, Article 4 of the Defendant’s personnel management regulations provides that “The job categories of employees shall be classified into general service, facility service, and professional service, and the job class by the job classification shall be as specified in attached Table 1.” The job series by the job classification and the job list by the job classification in attached Table 1 are as follows.

Grade 7, Grade 7, Grade 7, Grade 7, Grade 8, Grade 9, Grade 9, Grade 10, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 7, Grade 3, Grade 3,

G. On the other hand, Article 12 of the Organization Regulations regarding the position of the Defendant’s employees provides that “the head of the team shall be from among class IV to class V employees.”

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