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(영문) 대전고등법원 (청주) 2017.01.18 2016누10047

해임처분취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 19, 2006, B Certification Board (hereinafter “Certification Board”) was established as E, an incorporated association under the control of the Ministry of Agriculture, Food and Rural Affairs on October 19, 2006. On June 22, 2008, after being designated as a special law upon the amendment of the Livestock Products Sanitary Control Act (former Processing of Livestock Products) and was transferred to an affiliated organization of the Ministry of Food and Drug Safety on March 23, 2013. It is a “ quasi-governmental institution” designated under Article 5 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act

The Plaintiff served as the president of the Certification Board from August 17, 2012.

B. On December 24, 2014, the 8th Certified Board of Directors of the Korea Certified Board of Governors (hereinafter “Board of Directors of the instant case”) resolved a request for dismissal of the Plaintiff for the same reason as shown in attached Table 1, and requested the Defendant, who is the head of the competent agency, to dismiss the Plaintiff.

C. On December 24, 2014, the Defendant accepted the request of the board of directors of the instant case and issued a dismissal disposition against the Plaintiff based on Article 35(3) of the Public Institutions Operation Act (hereinafter “instant disposition”).

2. Whether the instant disposition is lawful

A. The reasoning for the court’s explanation on this part of the Plaintiff’s assertion is that of the pertinent part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(b) Attached Form 2 of relevant Acts and subordinate statutes;

C. 1) Determination 1) The Plaintiff, the head of a quasi-governmental institution, is the head of the Plaintiff, and the legal relationship between the Plaintiff and the Defendant, as a matter of principle, can be viewed as a delegation relationship based on trust, and is subject to the Public Institutions Operation Act.

B) The Act on the Management of Public Institutions aimed at promoting public services by public agencies is for the head of the agency to “responsibility for the performance of the quasi-government agency’s management during the term of office” (Article 32(1) and Article 382-3 of the Commercial Act);