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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant was composed of 12 Gu Council members (7 members belonging to the Cparty and 5 members belonging to the D Party) following the 7th nationwide local election ( June 13, 2018), and the Plaintiff is the Gu Council members belonging to the D Party.
B. On July 2018, the head of the Defendant’s Secretariat instructed all members to report a concurrent office. On June 28, 2018, the Plaintiff reported a concurrent office as the representative of the “E” childcare center located in the Gu.
Accordingly, the defendant is a public organization under Article 35 (5) of the Local Autonomy Act in cases of child-care centers under the local government's subsidies and their management and supervision accordingly, and the founder and operator falls under a manager. Accordingly, in accordance with the interpretation of the Ministry of Public Administration and Security, the local council member cannot hold concurrent office as the representative of child-care centers receiving financial support from the local government concerned, and in accordance with the interpretation of the Ministry of Public Administration and Security, the plaintiff was found to have violated Article 35 (5) of the Local Autonomy Act,
C. On August 24, 2018, F et al., a member of the Gu Council affiliated with the C political party, requested the Defendant to take disciplinary action against the Plaintiff pursuant to Articles 86 and 87 of the Local Autonomy Act on the grounds that the Plaintiff concurrently held office as the representative of the E-care center and violated Article 35(5) of the Local Autonomy Act. G et al., a member of the Gu Council affiliated with the C political party, on September 7, 2018, on the ground that there was a request for the above disciplinary action, and on September 7, 2018, Article 57 of the Local Autonomy Act and Article 10 of the B-Council Ordinance of the Committee (hereinafter “instant Ordinance”), a Special Committee on Ethics shall be organized to examine matters concerning
9. From 21. to 1.30., the Special Committee on Ethics proposed a resolution on the composition of the Special Committee on Ethics.
Accordingly, the defendant's Speaker presented the resolution agenda of the Special Committee on Ethics to the second plenary session held on September 21, 2018 during the regular session of 218, and the majority of all the incumbent members present on the same day.