(a) Validity of the filing of a complaint submitted to a directly higher administrative agency without going through the dispositive administrative agency under the former part of Article 2(1) of the Support Act;

(b) Nature of appointment or dismissal of public officials and the effective time thereof;

The Claimant cannot be deemed unlawful on the ground that it was directly filed to a superior administrative agency without going through the dispositive administrative agency.

Article 2 (1) of the source Act

Kim Han-han

Governor of Jeollabuk-do

Gwangju High Court Decision 62Do13 delivered on August 22, 1962

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The first ground for appeal by the defendant's attorney is examined.

Under the former part of Article 2(1) of the Sub-Appeal Act, when the plaintiff directly files a suit with the superior administrative agency via the disposition administrative agency, the plaintiff agency is the superior administrative agency, and the disposition administrative agency directly files a suit without passing through the transit agency, and the purport of having the disposition administrative agency go through the disposition administrative agency give the disposition administrative agency an opportunity for re-litigation for the benefit of the cause, it shall be deemed legitimate as long as the cause of the suit voluntarily renounces its interest and requests an examination of the directly higher administrative agency. In this regard, the court below's decision on this point should be justified in light of the above legal principles that the plaintiff filed a suit with the Minister of Agriculture and Forestry, who is the direct administrative agency of the defendant on April 6, 1962, and the Minister did not inform the Minister of Agriculture and Forestry of the ruling on this point on June 4, 1962, and the head of the ruling on this point cannot be understood as legitimate in light of the above legal principles.

The second ground of appeal is examined.

The appointment or dismissal of a public official should be regarded as one administrative disposition with the expression of intention of the appointment authority. Thus, even if the appointment or dismissal authority generally dismisses any public official and decides on the appointment of the subsequent public official, the public official shall have the authority to perform the duties belonging to his authority until such expression of intention reaches that public official, and according to the facts established by the original judgment, the non-party Kim Jong-sik, who was the Governor of Jeollabuk-do, received the notification of the dismissal of his office by radio telegraph between May 24, 1961 and 3:0 :0 :0 :0 :0 :0 :0 :0 :0 :0 :0 :0 :0 :0 : 10 :0 :0 :0 : 200: 20 : 20,000 : 20,000 : 20,000 : 20,000 : 20,000).

Therefore, the appeal is dismissed without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The judge of the Supreme Court (Presiding Judge) Mag-Mag-man (Presiding Judge) Mag-Mag-Mag-ri, the Mag-Mag-ri,