The case holding that the dismissal of the Chairperson from office is lawful even if he did not go through the consent procedure, etc. of the Personnel Committee.

According to Articles 2(3)2, 2(4), and 3 of the Local Public Officials Act, the head of the Myeon shall be a local public official, but he shall be a public official in extraordinary civil service among public officials in special career service, and the terms and conditions of appointment, appointment procedures, and other necessary matters shall be prescribed by Ordinance. As for public officials in special career service, except for the provisions of Chapters V and VI of the Local Public Officials Act, the head of the Gun shall exclude them from the application of the above provisions, so the head of the Gun shall ex officio dismiss the public official in special career service if the performance results are extremely poor due to the lack of his ability to perform his duties, unless the head of the Gun provides that the head of the Gun shall ex officio dismiss the public official in special career service,

Articles 2, 3, and 72 of the Local Public Officials Act

[Judgment of the court below]

Guns Guns

Busan High Court Decision 88Gu1486 delivered on October 6, 1989

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to the ground of appeal by the Plaintiff’s attorney:

1. The court below, based on evidence, recognized the fact that the plaintiff was aware of the fact after being notified of the ex officio dismissal on June 20, 1985, and dismissed the petition for administrative appeal after the lapse of three years, and the petition for appeal against the ruling was not made a lawful procedure for a prior trial. The above judgment of the court below is just and there is no misconception of facts or misunderstanding of legal principles due to the violation of the rules of evidence, such as the theory of lawsuit, etc.

2. According to Article 2(3)2, (4), and Article 3 of the Local Public Officials Act, the chief of the Myeon shall be a local public official in extraordinary civil service among public officials in special career service, and the terms and conditions of appointment, procedures for appointment, and other necessary matters shall be prescribed by municipal ordinances. With respect to public officials in special career service, except for the provisions of Chapters V and VI among the Local Public Officials Act. According to Article 8(2) of the Ordinance on the Personnel Management of Si/Gun/Eup/Myeon at the time of the disposition of this case, the head of the Gun provides that the head of the Myeon shall dismiss him ex officio if his performance is extremely poor due to a lack of job performance, and there is no other procedural provision. Accordingly, in the dispositions of this case, even if the defendant did not follow the procedure for seeking consent as argued by the personnel committee as alleged by the plaintiff, and the court below shall notify the plaintiff of the fact of holding the personnel committee on June 15, 198, and the defendant's assertion that the disposition of this case is legitimate and void.

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 Yoon Young-young (Presiding Justice)