The legality of the disposition of dismissal from office by a resignation member submitted in the course of investigation by the prosecution

As part of the reform work of the corrective wind, when the plaintiff was investigated by the Special Investigation Department of the Supreme Prosecutors' Office with respect to acceptance of bribe, it is recognized that the resignation commissioner was submitted to the defendant due to the personal reasons, and accordingly, the disposition of dismissal from office of a member of the National Assembly is lawful.

Article 68 of the State Public Officials Act

Plaintiff

The Minister of Justice

Seoul High Court Decision 81Gu750 delivered on October 21, 1982

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

According to the court below's decision, the plaintiff's private staff member of this case rejected Gap evidence Nos. 4 (Voluntary Statement) corresponding to the plaintiff's assertion that he was submitted without the plaintiff's intention due to the defendant's coercion, and the witness's truth-finding and witness's truth-finding, and each testimony of the same walopoum cannot be trusted and there is no other evidence to prove the plaintiff's assertion. The plaintiff's evidences show that the plaintiff was investigated by the special investigation department of the Supreme Prosecutors' Office of the Supreme Prosecutors' Office for June 12 of the same year as part of the reform work of the correctional Pungtotopy New Year which was promoted at the time of May 31, 1979, and the plaintiff was asked to resign due to the defendant's intention and the disposition of dismissal of council member of this case is legitimate. In light of the records, the court below's above fact-finding and decision is just and there is no error of law by mistake of facts due to the facts against the rules of evidence, and there is no error in the Supreme Court's decision.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-soo (Presiding Justice)