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(영문) 대전지방법원 2019.05.22 2018구합104817
이장임명절차이행 청구의 소
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is a resident of the Seocho-gu, Seocheon-gu, Seocheon-gu (hereinafter referred to as “Duri”) village, and Plaintiff B is a resident of the Seocheon-gu, Seocheon-gu, Seocheon-gu (hereinafter referred to as “E Ri”).

B. At the Dri Village Assembly held on December 23, 2017, Plaintiff A and Plaintiff B were elected respectively at the Eri Village Assembly held on January 1, 2018.

C. On March 28, 2018, the Defendant notified each community of the fact that “the candidates recommended by the village general meeting are not eligible for the appointment of a new head of this Chapter pursuant to Article 2 of the Rules on the Appointment of the Deposit passbook in the Yanan-si, the Yan-si, the District Court notified each community of the appointment of a new head of this Chapter.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Whether the lawsuit in this case is lawful

A. The lawsuit of this case is unlawful, since the plaintiffs have no right to seek reimbursement against the defendant for the execution of the procedure to appoint them as the principal.

B. Determination 1) Under the Administrative Litigation Act, a lawsuit seeking performance of an obligation to impose a certain disposition on the omission of an administrative agency is not allowed (see, e.g., Supreme Court Decision 92Nu1629, Nov. 10, 192). Thus, as in the instant case, a lawsuit seeking the Plaintiffs to implement the procedure of dual appointment against the Defendant is unlawful. Furthermore, even if the instant lawsuit is considered as an objection against the Defendant’s rejection of dual appointment against the Defendant, this cannot be exempted for the following reasons. (A) Article 4-2 of the Local Autonomy Act provides that “In Dong Ri, Dong Ri shall operate one Dong Ri as two or more Dong Ri for administrative efficiency and the convenience of the residents, or operate two or more Dong Ri as one Dong Ri for administrative operation (hereinafter referred to as “administrative Dong Ri”).

(ii) have separate offices (as regards paragraph 4 and administrative Dong and Ri, as the case may be.

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