This title is deemed to be removal by an unincorporated agency.

Even if the right to appoint public officials of class IV or below is entrusted to the head of the Gu under Article 2 of the Seoul Metropolitan Government Rules on Delegation of Administrative Affairs, and the right to appoint public officials is included in disciplinary action, if the delegation is only an internal delegation, the removal disposition for the above public officials made by the head of the Gu shall be void by an

Article 6(2) of the Local Public Officials Act, Article 2 of the Seoul Special Metropolitan City Rules on Delegation of Administrative Affairs (Ordinance No. 1075, Sept. 1, 1970)

[Defendant-Appellant] Plaintiff Radro

Attorney Han-gu Seoul Metropolitan Government Head of Yeongdeungpo-gu Office

Seoul High Court Decision 80Gu873 delivered on December 16, 1981

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

In light of the records, the court below's decision that the removal of this case against the plaintiff was made by the defendant and the notification of the issuance of the name of the Mayor of Seoul Special Metropolitan City, which is the person having authority to take an action, was just and there is no error of law by misunderstanding the facts from the rules of evidence, such as the theory of lawsuit, and if the facts are true, the right to appoint public officials belonging to the same class as the plaintiff is delegated to the head of the Gu pursuant to Article 2 of the Seoul Special Metropolitan City Rules on Delegation of Administrative Affairs to the head of the Gu, and even if the right to appoint public officials is included in disciplinary action as the same as the plaintiff, as long as the delegation is only an internal delegation, the decision of the court below that the removal of this case was made by the institution without authority to take the disposition of this case, and therefore, there is no complaint in the conclusion that the court below's decision that the removal of this case was null and void.

Therefore, the appeal shall be dismissed, and the costs of the appeal shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)