비례대표지방의회의원 퇴직처분 취소 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 4, 2014, the Plaintiff was elected as proportional representative members upon the recommendation of C Party C at the 6th nationwide local election conducted by the Plaintiff.
B. On December 19, 2014, the Constitutional Court rendered a decision that “acpolitical party is dissolved, and a C political party’s member loses his/her membership in office.”
(2013Hunda1) c.
On December 22, 2014, Article 192(4) of the Public Official Election Act provides that "When a proportional representative local council member leaves or changes his/her party for reasons other than a merger, dissolution, or expulsion of political party to which he/she belongs, he/she belongs, he/she shall be retired from office notwithstanding the provisions of Article 78 (Retirement of Members) of the Local Autonomy Act." Since dissolution refers to voluntary dissolution, the proportional representative local council member, who is dissolved according to the decision of dissolution of a political party by the Constitutional Court, shall be retired from office pursuant to Article 192(4) of the Public Official Election Act from the time when the Constitutional Court rendered the decision of dissolution of a political party by the Constitutional Court."
On January 6, 2015, the Defendant confirmed that the Plaintiff was disqualified from membership in accordance with the Constitutional Court’s decision on the dissolution of the Cparty (2013Hun-Da1, December 19, 2014) and the decision on the retirement of proportional representative local council members according to the National Election Commission’s decision on the dissolution of the unconstitutional political party (22 December 22, 2014).
'Written Notification'
hereinafter referred to as "the notice of this case"
(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 1 and 2, the purport of the whole pleadings.
2. Judgment on the defendant's main defense
A. On January 6, 2015, the Plaintiff asserted that the Defendant retired from proportional representation as a member of the local council, and sought revocation of the above disposition against the Defendant. Accordingly, the Defendant confirmed that the Plaintiff lost his/her proportional representation position on January 6, 2015.