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(영문) 서울고등법원 2019.01.18 2018누56468
직위해제처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The reasons why this part of the disposition is stated are the same as the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance from 2.3 to 3.5). Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Whether the instant disposition is lawful

A. Summary of the Plaintiff’s assertion and its assertion

B. The relevant laws and regulations are the same as the corresponding part of the judgment of the court of first instance (as stated in section 3, 7, and 18), and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

C. 1) The reasons for this part of the grounds for disposition are as stated in the corresponding part of the judgment of the first instance court (from the last 3th to the second 4th 2th below), and therefore, they are cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2) The removal from position system under Article 65-3(1)2 of the Local Public Officials Act, where a local public official who continues to hold a position and perform duties, is in need of a resolution on disciplinary action falling under dismissal, dismissal, demotion, or suspension from position, is likely to pose a specific risk that impedes the fairness of the execution of public duties and the trust of the people, and such removal from position is a separate disposition that differs from that of disciplinary action, which is a disciplinary measure. Therefore, in light of the purpose of the removal from position system, the determination of legality of removal from position based on the reasonable grounds for removal from position as stated in Article 65-3(1)2 of the Local Public Officials Act should be made based on whether the pertinent local public official is subject to dismissal or dismissal (the pertinent position.

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