의원면직처분무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around January 1, 2005, the Plaintiff was appointed as the head of Innju City C. Around January 1, 2015, and was reappointed as the head of D head on January 1, 2015. On June 25, 2015, the Plaintiff filed an application for dismissal from office by submitting a resignation document to the Defendant on July 10, 2015. The Defendant accepted the Plaintiff’s above resignation document (hereinafter “instant dismissal from office”) on July 10, 2015, and notified the Plaintiff thereof, there is no dispute between the parties.
2. Whether the lawsuit of this case is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff submitted to the Defendant a letter of resignation on the Plaintiff’s expression of opinion on the medical waste incineration plant and on the condition of convening a meeting for the purpose of delivering auditors to the village residents, and the Defendant, despite being aware of the above circumstances and consented thereto, did not convene the meeting and was dismissed from the office of the instant member without holding the meeting. In the first place, the Plaintiff asserted that it was unlawful on the basis of a letter of resignation against the Plaintiff’s intent and sought confirmation on the invalidity of the dismissal from the office
B. We examine the legitimacy of the instant lawsuit ex officio prior to the judgment on the Plaintiff’s assertion of ex officio determination.
Even if an administrative agency has terminated a labor relationship between itself and the other party by unilateral declaration of intention, it cannot be readily concluded that such declaration of intention is an administrative disposition by exercising public authority as an administrative agency. Whether such declaration of intention constitutes an administrative disposition subject to appeal litigation depending on how relevant statutes specifically provide for the other party’s work relations, or whether a contract relationship under public law is either a party to a contract, or a party to a contract.
(see, e.g., Supreme Court Decision 2010Du18963, Oct. 25, 2012). Article 4-2 of the Local Autonomy Act provides for administrative efficiency and convenience for residents in Dong and Ri.