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

The Plaintiff is a Si Council member of Gyeongbuk-si, the term of office of which is from July 1, 2014 to June 30, 2018, and the Defendant is an administrative agency established within the Ministry of Public Administration and Security in order to review and determine whether the Plaintiff is obligated to sell stocks or to trust in blank pursuant to Article 14-4 of the Public Service Ethics Act (hereinafter referred to as "person subject to disclosure") and whether the interested parties are related to the business of stocks held by it

The plaintiff is a person subject to disclosure of whose total value exceeds KRW 30,000,000,000 of the shares in the separate sheet No. 1 list owned by himself and his spouse. In order to avoid the obligation to sell or trust in blank, the plaintiff requested the defendant to review whether the shares

피고는 2014. 9. 15. “(주)C(이하 ‘C’이라 한다), D(주)(이하 ‘D’이라 한다)은 토목건축공사업 등을 영위하는 관내기업으로, 최근 3년간 B시청과 공사계약 실적이 있으며, 원고는 공사용역물품 계약 업무를 담당하는 회계과 등을 관장하는 총무위원회 위원이므로 C, D에 대한 정보접근 및 영향력 행사 가능성이 있다.”는 이유를 들어 별지1 목록 기재 주식 중 순번 1, 3, 5 주식(이하 ‘이 사건 주식’이라 한다)의 직무관련성을 인정하였다

(hereinafter “Disposition in this case”). [Grounds for recognition] without dispute, entry of Gap’s evidence No. 1, and the purport of the entire pleadings, the plaintiff’s assertion as to the legitimacy of the disposition in this case is unlawful as follows.

Article 10(1)2 of the Public Service Ethics Act (hereinafter “the instant legal provision”) which provides for the “local council members” under Article 14-4(1)1 and the main text of Article 14-4(1)2(a) of the same Act, which are the basis for the instant disposition, violates Article 13(3) of the Constitution that infringes on the Plaintiff’s property right, prohibits the annual system, and Article 119 of the Constitution that provides for the order of capital market economy.