주민자치위원해촉에대한무효확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne by each party.
1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Judgment on the main defense of this case
A. On May 14, 2014, the Plaintiff asserted that he/she was reappointed as a resident autonomous council member of two years of his/her term of office. Since his/her term of office expires, the Plaintiff’s lawsuit of this case is merely seeking cancellation of disposition or confirmation thereof regarding past legal relations and thus, there is no legal interest
B. Determination 1) Where a person who intends to become a member of an art organization was commissioned by a local government for a certain period of time before the expiration of such period, if the period of dismissal was terminated after being disadvantaged prior to the expiration of such period, his/her intention of dismissal shall be null and void, barring any provision providing for the duty of re-commissioning for the member whose period of commission expires, and thus his/her status cannot be restored. Therefore, the claim for nullification of dismissal in this case is merely seeking confirmation of past legal relations, and there is no benefit of confirmation. However, even if the former legal relations affect the current rights or legal status, and the receipt of a judgment on confirmation of the legal relations is deemed valid to eliminate risks or apprehensions to the present rights or legal status, the claim for confirmation of the legal relations can be immediately recognized (see Supreme Court Decision 2006Du1765, Mar. 27, 2008). As seen earlier, the plaintiff was reappointed on May 14, 2014 on the date of the expiration of his/her term of office in the appellate court.
Therefore, among the lawsuits of this case, the cancellation of the disposition of this case is sought or preliminary.