부의장 불신임의결 무효확인 등
1. On November 5, 2018, the Defendant confirms that a non-Confidence resolution made by the Vice-Speaker of the City B, the Plaintiff, is null and void.
2...
1. Details of the disposition;
A. The Defendant is the local council of B Si which is a local government, and the Plaintiff was elected as a Si Council member of B/Si constituency in the 7th nationwide local election, which was implemented on June 13, 2018.
On July 3, 2018, the Plaintiff was elected as the Vice-Speaker of the 8th Session at the plenary session of the 185th Session (Extraordinary Session) as a member of the Defendant’s local council (hereinafter “member”).
B. On November 5, 2018, the non-Confidence proposal for the Vice-Chairperson of the Council against the Plaintiff (hereinafter “non-Confidence proposal”) was proposed at the plenary session of the City Council B (Extraordinary Session) on November 5, 2018 (hereinafter “the instant plenary session”).
The reasons for the proposal are as follows:
Members of the non-Confidence Council shall endeavor to ensure that local administration is fairly and properly executed as members of the citizens' unconstitutional volunteer.
Nevertheless, the plaintiff became a subject of citizen's bombane due to an unexpected wife, and the plaintiff did not seem to have a correct attitude to report back to himself/herself.
In addition, the plaintiff, as a Vice-Speaker of the Council, should be in harmony with the members of the Dong Council and take a significant role in promoting the qualitative improvement of local life by gathering opinions from residents. However, the plaintiff, as a Vice-Speaker, is trying to show a non-Confidence situation, such as lack of reasonable performance of duties and impeding mutual cooperation among the members.
C. On November 5, 2018, the Defendant presented a non-Confidence proposal at the plenary session of the instant case, and passed a resolution with the consent of 10 among 17 incumbent members.
(hereinafter “Disposition of this case”). 【Ground of recognition】 Facts having no dispute, the purport of the entire pleadings, and the purport of the entire pleadings
2. Whether the instant disposition is lawful
A. (1) The disposition of this case is a serious and obvious defect for the following reasons. (A) The non-Confidence bill of this case is the initial plenary session of this case.