Lee Young-young (Attorney Kim Jong-young, Counsel for the defendant-appellant)

Daegu City Mayor (Attorney Shin-yang, Counsel for the defendant-appellant)

August 18, 1970

Supreme Court Decision 69Nu92 delivered on February 10, 1970

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff through the remand before and after the remand.

The Defendant’s ex officio dismissal against the Plaintiff on July 25, 1968 confirms that the ex officio dismissal is null and void.

Litigation costs shall be borne by the defendant.

Preliminaryly, the defendant's ex officio dismissal of the plaintiff on July 25, 1968 shall be revoked.

Litigation costs shall be borne by the defendant.

The plaintiff's attorney asserted on June 8, 1966 that he was released from his position, who is the Director General of the Health and Social Affairs Bureau of Daegu, and dismissed from his position on July 28, 1968 without justifiable cause. Thus, the plaintiff's plaintiff's appeal Nos. 1-1, 2, 3, and 4 (the public official's dismissal notice, the reason for removal from position, the notice of order, and the notice of decision) were not submitted to the 6th 19th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 1966, and the plaintiff's appeal No. 96th 16th 1966th 166th 1966th 1966th 16th 1966th 1966th 16th 196th 196th 196.

However, in the case where the defendant's removal from a position was made against the plaintiff, the plaintiff must request the examination committee to review the removal from a position within 30 days from the date he knows that the removal from position was made in accordance with the latter part of Article 67 (2) of the Local Public Officials Act, and if the removal from position was made in accordance with Article 65-2 (3) of the same Act, the plaintiff cannot dispute the legality of the removal from position with the validity of the above removal from position, except for the case where the removal from position is null and void automatically, and as such, the removal from position was legally made in accordance with the legitimate procedure as above, and therefore, it can not dispute the removal from position on the ground that the removal from position was illegal.

Therefore, the plaintiff's main claim filed for the reason that the removal from position is illegal is dismissed, and it is so decided as per Disposition by applying Article 89 and Article 96 of the Civil Procedure Act to the burden of litigation costs.

September 8, 1970

Judges Sap-ho (Presiding Judge) the highest number of judges