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(영문) 광주고등법원(제주) 2019.05.22 2018누1789
징계처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of some of the contents as set forth in paragraph (2) below. Thus, this is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In full view of the following circumstances, the attached Form attached to the judgment of the court of first instance on the part of the correction shall be replaced by this judgment. From 5th to 19th of the judgment of the court of first instance, it shall be deemed that the Plaintiff violated the duty of good faith provided for in Article 48 of the Local Public Officials Act by violating or neglecting the duty of care and neglecting the duty of care. ① The Plaintiff’s above assertion is without merit.

The head of a Si/Gun/Gu having jurisdiction over a tourist destination, etc. under Article 54(1) shall obtain approval from the competent Mayor/Do Governor except for modification of any minor matter prescribed by Presidential Decree, and Article 47(1) of the Enforcement Decree of the Tourism Promotion Act provides for “a modification within 20/100 of the area of the tourist facility planning” with respect to “a minor matter prescribed by Presidential Decree” (Article 47(1) of the Enforcement Decree of the same Act. In addition, the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (wholly amended by Act No. 13426, Jul. 24, 201

Article 229(9), (1), and (2) of the Act on the Approval, etc. for the Implementation of Jeju Special Self-Governing Province Development Projects (amended by Ordinance No. 1739, Nov. 23, 2016; hereinafter “Ordinance on the Approval for the Implementation of Development Projects”).

§ 13.

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