1. The Defendant’s disposition of expulsion against the Plaintiff on November 15, 2018 shall be revoked.

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

Details of the disposition

On November 1, 2003, the status of the Plaintiff and the election process of the members of the Defendant Council, the “D Child Care Center” located in Busan Metropolitan City (hereinafter “D Child Care Center”) was designated as the infant care center by Busan Metropolitan City. The Plaintiff was in office as the representative of the Child Care Center and the president of the Child Care Center from around that time. The Plaintiff was elected after going to the election of the 6th Busan Busan Metropolitan Council members on June 4, 2010, while maintaining the position of the representative of the Child Care Center and the head of the facility.

On July 1, 2010, when the term of office of a local council member begins, the Plaintiff started the term of office of Defendant B-gu Busan Metropolitan Council (hereinafter referred to as the “Defendant Council”) with the content that “the representative of the nursery facilities exclusively in charge of infants and infants, while maintaining the position of the representative at the time of election as a member of the local council, shall not constitute grounds for the cancellation of the designation of the nursery facilities exclusively in charge of infants and children, but the head of the nursery facilities shall not concurrently hold the office with the local council member” on May 24, 2010.

The Plaintiff was a member of the Defendant Council, who was elected as a member of the Defendant Council in the 7th local election implemented on June 12, 2014 and the 8th local election implemented on June 13, 2018, and became a member of the Defendant Council. From July 1, 2010 to July 1, 2010, the Plaintiff was performing parliamentary activities at the Defendant Council while holding the position of the representative of the childcare center of this case.

On July 27, 2017, the Ministry of the Interior and Safety in the process of expulsion against the plaintiff of the defendant Council may not concurrently hold office as a manager of the public organization pursuant to Article 35 (5) of the Local Autonomy Act. The term "public organization" may exercise de facto or de facto influence on the organization that local governments are able to manage and supervise the installation and operation of the relevant facility with finance through contributions and subsidies.