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(영문) 춘천지방법원 2018.05.29 2017구합594
춘천시 환경공원 주민지원협의체 위원 해촉처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 1, 2017, the Defendant commissioned the Plaintiff as a member of the “A Resident Support Council” (hereinafter “instant consultative body”).

B. On July 28, 2017, the Defendant dismissed the Plaintiff from the members of the instant consultative body on the grounds that “the Plaintiff lost the Plaintiff’s qualification to represent residents in organizing the consultative body pursuant to Article 17-2 of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Facilities Promotion Act”) and Article 18 of the Enforcement Decree of the same Act.”

(hereinafter referred to as the "disposition in this case"). 【No dispute exists concerning the ground for recognition, entry of Gap evidence Nos. 1 and 5, and the purport of the whole pleadings

2. Determination as to the Defendant’s main defense (whether the instant disposition constitutes a “disposition” subject to appeal litigation)

A. The defendant's assertion only gives a letter of commission that a person selected as a representative by the residents' general meeting will commission the relevant resident as a member of the residents' council upon the recommendation of the City council, and only gives a notice that the representative of residents commissioned as a member will resign or be deprived of the representative qualification at the residents' general meeting.

In this case, the defendant is merely a procedural act that notifies the plaintiff that "the plaintiff was dismissed from the member of the Resident Support Consultative Body," and thus does not constitute "disposition" that becomes the object of an appeal litigation, as it is merely a procedural act that notifies the plaintiff that "the plaintiff was dismissed from the member of the Resident Support Consultative Body."

B. The term "disposition that is the object of an appeal litigation on the relevant legal principles" refers to an act in the public law of an administrative agency, which is directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects with respect to a specific matter, and is legally related to the other party or

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