[파면처분취소][집29(2)특,86;공1981.10.1.(665),14269]
Whether the head of a Gun is illegal with respect to a disciplinary action taken against the chief of the Gun following a resolution of the personnel committee (affirmative
Since the head of the Myeon is a public official in extraordinary civil service who receives remuneration equivalent to Class 3 B in general service, the head of the Myeon shall take disciplinary action against the Myeon through the resolution of the Do Personnel Committee, and the disciplinary action taken by the resolution of the Gun Personnel Committee is illegal.
Articles 73-3 and 72 of the Local Public Officials Act, Article 13 of the Local Public Officials Discipline and Appeal Regulations
[Defendant-Appellee] Plaintiff 1 et al.
[Defendant-Appellant] Park Jae-sik, Counsel for defendant-appellant
Daegu High Court Decision 79Gu127 delivered on May 27, 1980
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
1. As to Defendant 1’s ground of appeal
Article 9-3 (1) of the Act on Temporary Measures for Local Autonomy and Article 2 (2) 4 of the Local Public Officials Act, which were in force at the time of the instant case, are public officials in extraordinary civil service appointed by the head of the Gun. Article 73-3 of the same Act provides that the provisions of the head of the relevant disciplinary action may apply mutatis mutandis to public officials in extraordinary civil service as prescribed by Presidential Decree, except as otherwise provided for in other Acts. Article 13 of the same Act provides that the disciplinary action against public officials in extraordinary civil service, who are public officials of Grades II through V, as provided for in each subparagraph of Article 2 (2) of the Act, shall be subject to disciplinary action against the public officials in extraordinary civil service at the time of the instant case, in addition to ex officio dismissal, those who are public officials in extraordinary civil service, shall be subject to disciplinary action under the provisions of Article 73-3 of the Local Public Officials Act, and thus, the above provisions of the Chapter 9 of the Local Public Officials Act shall apply mutatis mutandis to the plaintiff, who is the above public officials in extraordinary civil service at Grade III and above.
2. As to Section 2:
According to the judgment of the court below, the court below recognized that the plaintiff's act of receiving money and valuables from the head of Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gun's Dong-gu's Dong-gu's Dong-gu's Dong-gu's Dong-gu's
3. Therefore, the defendant's appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Chang-chul (Presiding Justice)