If a local public official subject to removal from his/her position has an error of law and dispute as an administrative litigation, he/she first requests an review to the appeals review committee, which is no room for remedy as the proviso of Article 2 (1) of the Administrative Litigation Act.

If a local public official subject to removal from his/her position has an error of law and is dissatisfied with an administrative litigation, he/she first requests an review to the appeals review committee, which is no room for remedy as the proviso of Article 2 (1) of the former Administrative Litigation Act (Act No. 213, Aug. 24, 51).

Article 2 of the Administrative Litigation Act and the latter part of Article 67 (2) of the Local Public Officials Act

Plaintiff

Daegu Market

Daegu High Court Decision 70Gu19 delivered on September 8, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the Plaintiff’s ground of appeal.

Article 65-2 (1) 1 of the Local Public Officials Act provides that if a person subject to the disposition of removal from his position fails to file a request for review under the latter part of Article 67 (2) of the same Act even if there was an error in the disposition of removal from his position under subparagraph 4 of Article 65-2 of the same Act, the disposition of removal from his position cannot be judged whether the disposition is legitimate and not ex officio dismissal under Article 65-2 (3) of the same Act, except for the case where the removal from position is null and void, the main part of the case is that the plaintiff's disposition of removal from his position cannot be determined on the ground of reversal of the evidence No. 8-2 (Application No. 8) of the same Act. Since the date of preparation of the lawsuit is 1968.25, the plaintiff's removal from his position cannot be determined on the ground that the defendant's removal from his position was made within the prescribed period of time of removal from his position under the latter part of Article 67 (2) of the Local Public Officials Act, and there is no reason for the plaintiff's request for removal from position.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)