1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On January 201, 201, the Plaintiff was appointed as the head of Gangseo-si B by the Defendant.

B. On April 30, 2015, the Defendant notified the Plaintiff that the Plaintiff would be dismissed from this Chapter pursuant to Article 3(2) of the Rules on the Appointment of the Head of Gangseo-si.

【Ground for recognition】 Evidence Nos. 1, 1-1, 2-2, and the purport of the whole pleadings

2. The plaintiff asserts whether the lawsuit in this case is legitimate or not that the disposition to dismiss the plaintiff in this Chapter on the ground that the defendant's neglect of duty was unlawful, although he did not neglect his duties as the head of Gangseo-si B.

Before determining the Plaintiff’s assertion, we examine the legitimacy of the instant lawsuit ex officio.

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 Supreme Court Decision 95Nu10617 delivered on May 31, 1996). Article 4-2 of the Local Autonomy Act provides that “In the case of Dong and Ri, Dong and Ri may separately establish Dong and Ri for administrative purposes (hereinafter “administrative Dong and Ri”) by operating one Dong and Ri as two or more Dong and Ri for administrative efficiency and the convenience of residents, or by operating two or more Dong and Ri as one Dong and Ri (hereinafter “administrative Dong and Ri”), as prescribed by the Municipal Ordinance of the relevant local government.”

Article 81 of the Enforcement Decree of the Local Autonomy Act shall be the Eup/Myeon under Article 4-2 (4) of the Local Autonomy Act.