[파면처분취소청구사건][고집1979특,201]
Whether the disciplinary decision of the personnel committee without giving the suspect an opportunity to make a statement and defend himself is legitimate.
If a disciplinary decision is made by holding a committee even though a notice demanding a discipline accused person to attend the personnel committee is not served, the disciplinary action is unlawful due to the defect in the disciplinary procedure.
Article 72 of the Local Public Officials Act, Articles 4 and 5 of the Local Public Officials Discipline and Appeal Regulations
Lee Dong-dong
Seoul Special Metropolitan City Mayor
The removal of the defendant against the plaintiff on May 16, 197 shall be revoked. The costs of the lawsuit shall be borne by the defendant.
The same shall apply to the order.
The defendant, on May 16, 197, removed the plaintiff, who is a local administrative clerk belonging to Seongdong-gu Seoul Metropolitan Government, through a resolution of the Seongdong-gu Personnel Committee, and the above removal disposition was taken against the plaintiff, and the gist of the above removal disposition was the plaintiff, from November 21, 1975 to April 21, 197, and the plaintiff was working for Seongdong-gu Housing and work for Seongdong-gu Housing and 13 square meters constructed by the Korea National Housing Corporation and 10 square meters constructed by the Korea National Housing Corporation are allocated to Seoul Metropolitan Government for the application for parcelling-out to the Korea Housing Corporation. In collusion with the transfer of the houses and the head of the division in charge, the house and the head of the division in charge, the head of the local administrative office, and the head of 3 shall be free from office until December 29, 1976 to December 1, 241 of the same year, submitted the application form for the cancellation of the sale of the apartment and the confirmation column of the sale conditions to the Korea National Housing Corporation without permission.
However, the plaintiff's attorney first asserted that the above disciplinary decision by the Seongdong-gu Personnel Committee did not give written notice of attendance to the plaintiff who is a discipline accused person in its resolution and did not receive a written waiver of his/her statement from the plaintiff, and that the above disciplinary decision was unlawful. Thus, according to Article 72 of the Local Public Officials Act, disciplinary action against local public officials is conducted following the decision by the Personnel Committee. According to Articles 4 and 5 of the Local Public Officials Disciplinary Action and Appeal Regulations (Ordinance No. 1665) which provide disciplinary action against local public officials in general service, the person with authority to appoint the disciplinary decision can be ordered to give sufficient opportunity to make a statement by giving written notice of attendance to the plaintiff when the personnel committee makes a disciplinary decision, and if he/she does not want the attendance without any justifiable reason, he/she may submit a written waiver of his/her statement or two or more attendance, and if his/her whereabouts are unclear, he/she may not receive a written notice of his/her testimony or five-year notice of his/her refusal of the disciplinary decision to the plaintiff's witness.
If so, the disciplinary action against the plaintiff is unlawful because it is not necessary to determine the remaining arguments, and it is necessary to cancel the disciplinary procedure. Therefore, the plaintiff's claim of this case is justified, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition.
Judges Park Woo-young (Presiding Judge)