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(영문) 대법원 1984. 9. 25. 선고 84누342 판결
[해임처분취소][공1984.11.15.(740),1750]
Main Issues

The validity of a dismissal disposition against a public official who issued a certificate of seal impression of a processed person with the awareness of another person's words;

Summary of Judgment

In the issuance of a certificate of seal imprint, even though a resident registration certificate was not lost and held, but it was not confirmed whether the person himself/herself is his/her resident or not, and as a part of the date and resident registration number on the seal imprint register was cut off, if the above seal imprint register and the household resident registration card of the same person were replaced with the above seal imprint register, it can be easily confirmed that the above seal imprint register was erroneous, but if the above seal imprint register was issued as a result, it is reasonable to dismiss the public official on the ground that he/she violated his/her duty of good faith as a public official.

[Reference Provisions]

Article 7 of the Certification of Seal Imprint Act, Article 13 of the Enforcement Decree of the Certification of Seal Imprint Act, Articles 48 and 69(1) of the Local Public Officials Act

Plaintiff-Appellant

[Defendant-Appellee] Plaintiff 1 et al.

Defendant, Appellee

The head of Gangseo-gu

Judgment of the lower court

Seoul High Court Decision 83Gu607 delivered on April 11, 1984

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment below, the court below held that Article 7 of the Certification of Seal Imprint Act, and Article 13 of the Enforcement Decree of the Seoul Metropolitan Government's civil petition manual for the issuance of a certificate of seal imprint when the plaintiff is in charge of affairs related to the issuance of a certificate of seal imprint at two new offices in Gangseo-gu Seoul Metropolitan Government, and Article 13 of the Enforcement Decree of the same Act requires that the certificate of seal imprint should be withdrawn by the applicant himself/herself, and if the certificate is issued after comparing the above and the photo on the resident registration card with the applicant's identification card, the certification agency should issue it. However, if the non-party 1, who issued the certificate of seal imprint, takes 40 men's 40 and 285's 285's 20's 10's 20's 20's 20's 316's 16's 38's 16's 30's 16's 4's 's 'the above 's 106's '.'

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

Justices Kim Jong-sik (Presiding Justice)

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