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(영문) 제주지방법원 2015.07.01 2014구합797

해임처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On January 29, 2013, the Plaintiff was appointed as the head of Seopo-si B by the Defendant.

B. On November 10, 2014, the Defendant notified the Plaintiff that the Plaintiff was dismissed from office pursuant to Article 3 subparag. 3 of the Rules on the Appointment, etc. of the Head of the Jeju Special Self-Governing Province Head of the Tong Tong Tong Tong, on the ground that “the Plaintiff was dismissed from office on the ground that “the receipt of a request for removal and dismissal at the BB Village Assembly’s meeting, the Plaintiff’s act of impairing

(hereinafter “Dismissal of this case”). 【No dispute exists, Gap evidence 1, Eul evidence 7-1, Eul evidence 7-2, and the purport of the whole pleadings.

2. Determination as to the legitimacy of the instant lawsuit

A. 1) Whether the dismissal of this case is a disposition taken by an administrative agency upon unilateral declaration of intention, even if the administrative agency terminated a labor relationship between itself and the other party by unilateral declaration of intention, it cannot be readily concluded that the declaration of intention is an administrative disposition by exercising public authority as an administrative agency. Whether the declaration of intention constitutes an administrative disposition subject to an appeal litigation depending on how the pertinent statutes specifically provide for the other party’s labor relationship, or whether the declaration of intention made on an equal basis as one of the parties to a contract under public law is determined individually (see Supreme Court Decision 95Nu10617, May 31, 1996). Article 4-2 of the Local Autonomy Act is “Dong Ri” under Article 4-2 of the Local Autonomy Act, as prescribed by municipal ordinances of the pertinent local government for administrative efficiency and the convenience of residents, and can separately establish Dong Ri for administrative purposes (hereinafter “Dong Ri”).

(Paragraph 4) and an administrative Dong and Ri may have a subordinate organization under the conditions as prescribed by the Municipal Ordinance of the local government concerned.

Paragraph 5 is stipulated as "paragraph 5," and Article 81 of the Enforcement Decree of the Local Autonomy Act is "Article 4-2."