1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. "Order of the court of first instance" in paragraph (1) of the same Article.

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as that of the judgment of the court of first instance except for the dismissal as described in the following paragraph (2). Thus, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted. Article 65-3(1)2 of the Local Public Officials Act provides that “A person who is in need of a resolution for dismissal, dismissal, or suspension from office before being amended by Act No. 9301, Dec. 31, 2008.” However, the above amendment changed the phrase “a person for whom a resolution for disciplinary action corresponding to dismissal, dismissal, or suspension from office is required” to “a person for whom a resolution for dismissal, dismissal, or suspension from office is requested.”

Here, in light of the purport of the amendment, the above amendment was made in a manner that “the people can easily understand the text of the law” and does not read the meaning or requirements of the above provision itself.

This is true even if Article 73-3 (1) 3 of the State Public Officials Act still provides that "a person who is in need of a resolution of dismissal, dismissal, or suspension from office."

In addition, the "request for a disciplinary decision" refers to the procedure for requesting a disciplinary decision to the competent personnel committee by recognizing that the appointment authority has disciplinary reasons against the public officials under his/her jurisdiction, as referred to in Article 8(1)4, Article 69(1), Article 72(2), and Article 73-2(1) of the Local Public Officials Act, Article 2 and Article 3 of the Local Public Officials Discipline and Appeal Regulations.

As above, the language and text of the Local Public Officials Act, and the purport of Article 65-3(1)3 of the Local Public Officials Act, which defines “a person who was prosecuted for a criminal case” as a person subject to removal from position, is the same as that of the Local Public Officials Act, Article 7 of the Constitution, and Article 60 of the Local Public Officials Act (see, e.g., Supreme Court Decision 98Du15412, Sept. 17, 199).