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(영문) 수원지방법원 2016.06.14 2015구합64184

제명의결처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 4, 2014, the Plaintiff was selected as a City Council member of the 6th Local Council, which was implemented on June 4, 2014.

B. On March 18, 2015, C and seven other members who hold office as the Defendant’s member (hereinafter “C, etc.”) demanded the Defendant’s Speaker to take disciplinary action against the Plaintiff for the following reasons, and at the same time, proposed a resolution of the Special Committee on Ethics to examine the grounds for disciplinary action.

In light of the grounds for disciplinary action (No. 1), the Plaintiff is against Article 16 of the Code of Conduct for Local Council Members and Article 12 or 17 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, and Article 8 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter “grounds for Disposition”), regardless of the grounds for receiving money or valuables, the Plaintiff’s demand for replacement of the Secretary-General who recently resigned over several occasions violates the provisions of Article 8 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission’s Code of Conduct for the purpose of taking unfair personnel measures using the position of the Council members, and Article 6 of the Ordinance on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission’s Corruption (hereinafter “Reasons for Disposition”), and Article 5 of the Local Autonomy Act’s request for replacement of the Director-General at the meeting of the National Assembly on February 12, 2015.