logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.10.16 2015누5307
당연퇴직처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the plaintiff's assertion in the trial of the first instance while filing an appeal are not significantly different from the contents of the plaintiff's assertion in the first instance court, and even if all evidence and the statement of Gap evidence No. 3 submitted in the first instance court were examined, the part of the lawsuit in this case seeking revocation of a ipso facto retirement disposition in the lawsuit in this case is inappropriate since the defendant's notification to the plaintiff does not constitute a disposition subject to administrative litigation, and since the plaintiff was sentenced to ten months of imprisonment and two years of suspended execution due to the crime of bribery to a third party and its sentence became final and conclusive, the judgment of the first instance is justified in rejecting the plaintiff's assertion that the plaintiff's claim seeking confirmation that he is a local public official

Therefore, the court's explanation on the instant case is identical to the statement on the grounds of the judgment of the court of first instance, and thus, citing it as is by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. As such, the part of the lawsuit in this case seeking revocation of the disposition is unlawful and dismissed, and the remainder of the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow