KCC 345/2002

This case involved an employee who asked for an administrative law to be dismissed as it had deprived him of promotion. The key issue was whether the court had misunderstood the case components as he had asked for a settlement based on the institution's statutes.

Background

A claimant filed a case against an institution and requested the court to order the institution to dismiss an administrative decision which had deprived him of promotion.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had ignored his defence and misunderstood the components of the case.

The court stated this argument was valid because the claimant had requested the court to order the institution to make a settlement on his occupational status according to the institution's statute.

The court repealed the ruling.