The propriety of an ex officio dismissal disposition solely on the basis of the lowest facts in work performance rating.

Among the reasons for the dismissal of the plaintiff 3 of this case, if it is not recognized that there are two reasons other than the fact that he was at the lowest in work performance rating, it has worked for a long time as a public official, and the plaintiff who received an official commendation from the Mayor and the defendant (the head of Mine Co., Ltd.) constitutes extremely poor work performance rating under Article 70 (1) 2 of the State Public Officials Act on the sole basis of the above reasons, and thus the ex officio dismissal is unjust.

Article 76 (1) 2 of the State Public Officials Act

Plaintiff

[Defendant-Appellee] Attorney Choi Jong-soo, Counsel for defendant-appellee

Gwangju High Court Decision 81Gu41 delivered on December 29, 1981

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal (any supplementary grounds of appeal submitted after the lapse of the submission period are examined to the extent of supplement in case of the above grounds of appeal).

According to the reasoning of the judgment of the court below, the plaintiff (1) was unable to use the tobacco sales service record of 16:30 on May 14, 1980, and the non-party 2 was unable to use the tobacco sales service record of 197, and the non-party 1 was ordered to transfer the tobacco to the non-party 5's head of Gwangju District District Office, and the non-party 2 stated that the non-party 3 was unable to use the tobacco sales service record of 10,000 won, and the plaintiff was unable to use the tobacco sales service record of 20,000 won for the same purpose as the non-party 1's head of Gwangju District Office's non-party 1's non-party 2's non-party 3's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's non-party 3's non-party 1's non-party 2's non-party 3'

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young