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No.3 of Fifteen Model Cases involving Appearance of Persons in Charge of Administrative Agencies in Court to Respond to Lawsuit Published by the Supreme People's Court: Wang v. Human Resources and Social Security Bureau of Baishan City, Jilin Province (a case involving administrative confirmation)
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最高人民法院发布十五起行政机关负责人出庭应诉典型案例之三：王某某诉吉林省白山市人力资源和社会保障局行政确认案
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【法宝引证码】
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| No.3 of Fifteen Model Cases involving Appearance of Persons in Charge of Administrative Agencies in Court to Respond to Lawsuit Published by the Supreme People's Court: Wang v. Human Resources and Social Security Bureau of Baishan City, Jilin Province (a case involving administrative confirmation) | | 最高人民法院发布十五起行政机关负责人出庭应诉典型案例之三：王某某诉吉林省白山市人力资源和社会保障局行政确认案 |
| Basic Facts | | 基本案情 |
| On August 5, 1988, Wang was recruited by the former Labor Bureau of Hunjiang City, Jilin Province as a collective ownership worker and was arranged to work in Badaojiang Coal Mine Comprehensive Operation Company, with the post category and grade of borehole operator of category 1. On April 16, 2010, Wang terminated the employment relationship with Badaojiang Coal Mine Comprehensive Operation Company. In March 2019, Wang filed an application with the Human Resources and Social Security Bureau of Baishan City, Jilin Province (hereinafter referred to as the “Baishan Human Resources and Social Security Bureau”) for retirement of special type of work. After sampling the archives of some other persons of Wang's employer, the Baishan Human Resources and Social Security Bureau identified upon comparison that there was inconsistency in the ways of recording materials and the departments affixing the seals. On these grounds, it issued a Written Notice of Approval of Early Retirement for Special Type of Work that Wang's application for early retirement should not be approved. Wang refused to accept the aforesaid Notice and filed a lawsuit with the people's court. The administrative act sued was revoked in the judgment of first instance. The Baishan Human Resources and Social Security Bureau appealed to the Intermediate People's Court of Baishan City, Jilin Province (hereinafter referred to as the “Baishan Intermediate People's Court”). | | 王某某1988年8月5日被原吉林省浑江市劳动局招收为集体所有制工人，并安排在八道江煤矿综合经营公司工作，岗位工种类别等级为井下一类工种登钩。2010年4月16日，王某某与八道江煤矿综合经营公司解除劳动关系。2019年3月王某某向吉林省白山市人力资源和社会保障局（以下简称白山市人社局）申请特殊工种退休。白山市人社局对王某某同单位其他人员档案进行抽样后，经比对发现王某某档案中部分材料记载方式、盖章部门等存在不一致等情形，遂以此为由作出不批准王某某提前退休的《特殊工种提前退休核准告知书》。王某某不服诉至法院，一审判决撤销被诉行政行为。白山市人社局向吉林省白山市中级人民法院（以下简称白山中院）提起上诉。 |
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