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(영문) 서울고등법원 2018.11.09 2018누44014
징계처분취소 청구의 소
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 reasoning of the judgment of the court of first instance is as follows, with the exception of partial dismissal or addition.

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The 5th of the 2nd of the 2nd of the 5th of the year shall be "not later than the date of disciplinary action due to the problem of the grounds for the disciplinary action."

Article 2 of the "Seoul Metropolitan Government" through Article 3 of the "Seoul Metropolitan Government (excluding the part within the Do table) shall be raised to "Article 10 of the Regulations on Discipline and Appeal of Local Public Officials (hereinafter referred to as the "Regulations on Discipline of Local Public Officials")".

The 5th 1st eth 1st eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth.

5. 6 pages 6 and 7 shall read “a balance among three persons, a total of KRW 1,250,000 shall be received from 12 persons,” and “a total of KRW 1,100,000 shall be received from 4 persons, and a total of KRW 1,100 shall be received from 10 persons.”

Article 2 (1) of the Disciplinary Rule in 17th 6th 17th Do shall be the "Article 2 (1) of the Seoul Metropolitan Government Rules on the Disciplinary Action against Local Public Officials (hereinafter referred to as the "Seoul Metropolitan Government Rules on Disciplinary Action")."

The "Disciplinary Rule" in the 7th parallel 4th parallel shall be referred to as "Article 2 (1) of the Seoul Metropolitan Government Disciplinary Rule".

7.On the last nine pages, the following shall be added:

The plaintiff asserts that the disposition of this case applying the attached Table 3 of Article 2 (1) of the Disciplinary Rule of Seoul Metropolitan Government is unlawful although Article 2 (1) of the Local Public Officials Discipline Regulation applies to the disciplinary rules.

However, the disciplinary rules of local public officials delegated matters necessary for the enforcement of the rules under Article 9 to the rules prescribed by the head of the local government, and the disciplinary decision based on the disciplinary rules of the Seoul Metropolitan Government delegated by him is legitimate.

Furthermore, according to Article 2 (1) [Attachment 2] of the Local Public Officials Discipline Rules,

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