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(영문) 울산지방법원 2018.05.24 2017구합6420
제명의결처분무효확인 청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s expulsion disposition against the Plaintiff on July 19, 2017 shall be revoked.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff was elected as a member of the Defendant Ulsan Metropolitan City B’s council in the D election implemented by the Plaintiff. 2) The Defendant is a local council consisting of 11 members ( nine local constituency council members and two proportional representative members) in accordance with Article 30 of the Local Autonomy Act.

B. Demand for disciplinary action and resolution against the plaintiff 1) The defendant's member (hereinafter the same shall apply)

On July 10, 2017, E, F, and G: (i) the Plaintiff spreaded false information about E, and (ii) the Defendant Speaker demanded the Plaintiff’s disciplinary action against the Plaintiff on the grounds that he/she aggravated the honor as a member of the E and gave an attack to his/her legitimate parliamentary activities; (iii) accordingly, the Defendant’s Special Committee on Ethics held on July 15, 2017 deliberated and resolved on the agenda for disciplinary action against the Plaintiff; and (iv) the minutes of the above decision-making process were “if the contents of the remarks made by the special committee members are disclosed, it would prejudice the free atmosphere of deliberation and disrupt the fairness of deliberation” on the part of the Defendant’s side, and did not submit to the court.

(A) No. 31. As a result, the expulsion agenda against the plaintiff was presented to the plenary session of the defendant.

3) As a result of the Defendant’s plenary session held on July 18, 2017, the expulsion agenda against the Plaintiff was resolved with nine members present at the meeting and eight supporting members. 4) On July 19, 2017, the Defendant notified the Plaintiff of the result of the resolution on expulsion as above.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and No. 1 through 8’

2. Whether the disposition is lawful;

A. The defendant's disposition of this case is unlawful on the following grounds of the plaintiff's assertion.

First, since the illegality of the disposition of this case is significant and apparent, the disposition of this case is null and void, and as preliminary, seek the revocation of the disposition of this case.

① The Defendant did not notify the Plaintiff of specific grounds for disciplinary action, and July 18, 2017.

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