1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant was composed of 12 Gu Council members (7 members belonging to the Cparty and five members belonging to the D Party) based on the result of the 7th regional election of Dong-si local government ( June 13, 2018), and was opened on July 2018, and the Plaintiff is a Gu Council member belonging to the D Party.

B. On June 14, 2018, the chairman of the Defendant’s Secretariat directed the elected members of the Gu Council to report concurrent offices pursuant to Article 35(3) of the Local Autonomy Act while providing guidance on the registration of elected members of the 8th B Council. On June 28, 2018, the Plaintiff reported concurrent offices of the “E Child Care Center” as the representative of the “E Child Care Center” located in Incheon.

Accordingly, the defendant's Speaker judged that the child-care center is a public organization as provided by Article 35 (5) of the Local Autonomy Act in the case of a child-care center which receives expenses from the local government and is managed and supervised accordingly, and that the founder and operator thereof constitutes a manager, and that the plaintiff violated Article 35 (5) of the Local Autonomy Act in accordance with the interpretation of the Ministry of the Ministry of Public Administration and Security that the local council member cannot hold concurrent office as the representative of the child-care center receiving financial support from the local government. On July 27, 2018

C. On August 24, 2018, F et al., a member of the Gu Council affiliated with the C political party, requested the Speaker to take disciplinary action against the Plaintiff on the ground that the Plaintiff concurrently held office as the representative of the E-care center and violated Article 35(5) of the Local Autonomy Act. Since then, G et al., a member of the Gu Council affiliated with the C political party, made a request for disciplinary action against the Plaintiff on September 7, 2018, pursuant to Article 57 of the Local Autonomy Act and Article 10 of the B Council Ordinance of the B Council (hereinafter “instant Ordinance”), the Special Committee on Ethics shall be organized to examine matters concerning ethics and disciplinary action against the Plaintiff, and the number of members shall be seven, and the period of activities shall be from September 21, 2018 to November 30, 2018.