조례안재의결무효확인
On November 25, 2014, the Defendant issued the Ordinance to verify personnel affairs with respect to the head of a funding institution, etc. of Jeollabuk-do.
1. According to the re-resolution of the Ordinance of this case and the summary of the Ordinance No. 1 to No. 6, the following facts can be acknowledged.
On September 30, 2014, the Defendant passed a resolution on the “Ordinance of Personnel Verification of the Head of the Province-funded Institutions, etc.” (hereinafter “Ordinance of this case”) and transferred the Ordinance to the Plaintiff on October 2, 2014.
On October 22, 2014, the Plaintiff demanded reconsideration to the Defendant on the ground that “The Ordinance of this case’s involving the Defendant’s personnel verification of the head of the Plaintiff-designated funding institution, etc. infringes on the Plaintiff’s exercise of personnel authority against superior statutes.”
However, on November 25, 2014, the defendant adopted the proposed bill of this case by re-resolutioning it as the original bill.
B. The Ordinance of this case provides the following provisions.
1) The purpose of this Ordinance is to prescribe matters necessary for conducting personnel verification to the head of the Jeollabuk-do-do-funded institution, etc., thereby contributing to enhancing personnel transparency and fairness, and contributing to enhancing the sound management and competitiveness of the funding institution, etc. (Article 1(2)). The subject of personnel verification is the "head of the funding institution, etc. appointed or recommended by the Governor," and "head of the funding institution, etc. with which the Do Governor or
(Article 4. The competent commission shall conduct personnel verification within 60 days from the date on which a person subject to personnel verification is appointed (Article 7(1)), personnel verification shall be conducted by having the person subject to personnel verification attend and answer questions and hear opinions (Article 7(3)), and the commission may hear statements from a witness or a reference witness, if necessary.
(Article 7(4). 3 The Chairperson may request the Do Governor to submit data, pending issues, etc. directly related to the personnel verification, which are necessary for the verification, at the request of a resolution of the Committee or a member of the Committee.