의장 불신임결의 취소 및 의장 선임결의 무효확인
1.(a)
The defendant's non-Confidence resolution against the plaintiff on September 8, 2017 shall be revoked.
B. The Defendant on September 11, 2017
1. Details of the disposition;
A. The Plaintiff was elected as the president at a 258 extraordinary session held on August 31, 2016 as a member of the Defendant’s local council.
B. On September 8, 2017, the Defendant indicated the grounds for non-Confidence in attached Form 1 (hereinafter referred to as “the grounds for non-Confidence”) in the same manner as “the grounds for non-Confidence in attached Table 1,” and, in total, submitted a proposal of non-Confidence proposed by the non-Confidence members of D and six other members to the second plenary session for the 271st extraordinary session, and attached it to the result of the check at the second plenary session, the Defendant made a resolution of non-Confidence in the Plaintiff (hereinafter referred to as “the resolution of non-Confidence in this case”) with the consent of 7 members of the incumbent National Assembly and the
C. On September 11, 2017, the Defendant held a special election pursuant to Article 53(1) of the Local Autonomy Act at the first plenary session of the 272 extraordinary session held on September 11, 2017, and elected C as the chairperson (hereinafter “instant election resolution”).
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 14, 15, Eul’s 9, 13 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion does not constitute a non-Confidence ground as stipulated in Article 55(1) of the Local Autonomy Act. Thus, the instant non-Confidence resolution should be revoked illegally, and the instant election resolution is null and void only because its defect is serious and clear.
(b) as shown in the attached Form of the relevant statutes;
C. (1) Article 55(1) of the Local Autonomy Act provides that a local council may pass a resolution of non-Confidence unless the chairperson of the local council violates any Act or subordinate statute or performs his/her duties without any justifiable reason. Article 49 provides that the chairperson of the local council shall represent the local council, arrange its proceedings, maintain order in the meeting, and supervise the affairs of the council. (2) The plaintiff shall be a member of the party E from among the council members belonging to the defendant.