The case is remanded to Seoul High Court.

Article 73-2 (1) and (3) of the State Public Officials Act provides that the appointment authority or appointment-recommendation authority shall not assign a position to a person who lacks the ability to perform his duties or whose work performance is extremely poor, and if such person is not assigned a position even after three months have passed, the appointment authority or appointment-recommendation authority shall be able to dismiss him after hearing the opinion of the ex officio dismissal examination committee. Since a disposition to remove position is taken by the declaration of other party, it shall take effect only if such declaration of intention reaches the other party unless there is any special reason. In this case, according to the records, the court below stated that the plaintiff was given a notice of removal from position on June 8, 1966 to the plaintiff on the 14th day of the same month stated on the 14th day of the court below's trial, and that the court below did not inform the plaintiff of the validity of removal from position on the 20th day of the same month. However, the court below's decision that the plaintiff was subject to removal from position on the 16th day of the court below's hearing.

Therefore, the lower judgment is reversed, and the case is remanded to the Seoul High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Judge Do-dong (Presiding Judge) Do-dong (Presiding Judge) Do-won Mab-Ba