1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of removal against the Plaintiff on October 26, 2015 shall be revoked.

3...

1. The reasoning for the explanation in this part of the disposition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Determination as to the disposition authority of this case

A. The defendant dismissed the plaintiff under Article 78 (1) 1 and 2 of the State Public Officials Act on the ground that the plaintiff unfairly involved in the transportation measures in the L district and the change of the M district metropolitan transportation measures, etc., and the defendant dismissed the plaintiff under Article 78 (1) 1 and 2 of the State Public Officials Act. We examine ex officio whether the defendant has the authority to take the disposition in this case against the plaintiff.

B. The details of the relevant laws and regulations are as follows: (a) Article 32(1) of the State Public Officials Act provides that the right to appoint public officials of Grade V or higher who belong to an administrative agency and public officials in general service belonging to the Senior Civil Service shall revert to the President; (b) Article 32(3) of the State Public Officials Act provides that “the right to appoint public officials of Grade V or higher who belong to the administrative agency and public officials in general service belonging to the Senior Civil Service shall be reverted to the President; (c) the President shall delegate part of the right to appoint public officials under paragraph (1) to the competent Minister, as prescribed by Presidential Decree; and (c) provides a ground for the President to delegate part of the right to appoint public officials to the competent Minister. Accordingly, Article 5(1) of the Decree of the Decree on the Appointment of Public Officials, which is Presidential Decree, provides that “the right to appoint public officials of Grade V or higher (including specialized public officials and flexible public officials) shall include appointment and dismissal in addition to new appointment” under subparagraph 1 of Article 2.