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(영문) 대구지방법원 2019.01.23 2018구합24935

의회운영위원회 위원장 불신임의결 무효확인 등

Text

1. On November 5, 2018, the chairperson of the Council Steering Committee, which the defendant made to the plaintiff on November 5, 2018, shall revoke the

2. The plaintiff.

Reasons

1. Details of the disposition;

A. The defendant is the local council of B, which is a local government, and the plaintiff was elected as a Si Council member of B's E-election at the 7th election day which was implemented by C.

The Plaintiff, as a member of the Defendant’s Council (hereinafter referred to as “Council member”), was elected as the chairman of the Council Steering Committee, which was the overall eightth session of the 185th Council (Extraordinary Session) session at the plenary session of the F date.

B. On November 5, 2018, G and eight members, who belong to the Defendant, proposed a non-Confidence proposal (hereinafter “non-Confidence proposal in this case”) for the chairperson of the Council Steering Committee against the Plaintiff at the plenary session (Extraordinary Session) B (hereinafter “plenary session”) on November 5, 2018.

The reasons for the proposal are as follows:

Although the role of the chairman of the non-Confidence private council steering committee is important for smooth parliamentary operation and parliamentary activities of the members, the plaintiff was aware that he should resign from his office in accordance with Article 35 (5) of the Local Autonomy Act, but he did not resign from his office.

Therefore, even though it was referred to the Special Committee on Ethics pursuant to Article 86 and Article 87 of the Local Autonomy Act, the plaintiff filed a psychological pressure in the review process of the members of the Special Committee on Ethics by asserting that the plaintiff did not resign from office continuously.

In addition, when the 6th Special Committee on Ethics decided on September 21, 2018, the Plaintiff rejected the decision that is difficult for the Special Committee on Ethics to deliberate on and take part in the deliberation, such as: (a) the Plaintiff’s failure to correct the portion of the next day; (b) publication of a distorted apology; and (c) sending it to citizens without permission.

From July 2018 to October 2018, the Plaintiff received approximately KRW 80 million of the relevant subsidy exclusively dedicated to infants for a period of four months from July 2018.

This is a public official, and it is not right to pursue the private interest of the member.