Ex officio dismissal and restriction on repair of local public officials in special service in charge of the affairs of the general service;

The administrative affairs of local public officials in extraordinary civil service ( also the women's children and women's principals) are the inherent administrative affairs to be in charge of public officials in general service. However, if the purpose of the Act and subordinate statutes and the Ordinance that are considered as extraordinary civil service is to facilitate personnel management, ex officio dismissal of public officials in extraordinary civil service requires objective and reasonable grounds (ex officio dismissal of public officials in extraordinary civil service is granted to the appointing authority compared to public officials in general service, even though there is a broad discretion to appoint public officials in general service (ex officio dismissal of public officials in extraordinary civil service, or restrictions on repair corresponding to the status guarantee of public officials in general service).

Article 13 of the Local Public Officials Discipline and Appeal Regulations, Article 62 of the Local Public Officials Act

Plaintiff

Do Governor of Gyeongnam-do

Daegu High Court Decision 80Gu112 delivered on November 28, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's grounds of appeal are examined.

Unless otherwise expressly provided for in other Acts, the provisions of Chapter 7 of the Local Public Officials Act guarantee the rights and interests of public officials in extraordinary civil service are not applicable to the public officials in general service. However, if the purport of the provisions of the Ordinance which appears to be extraordinary civil service is to facilitate the supply and demand of public officials, the ex officio dismissal of public officials in extraordinary civil service shall not be deemed to have the authority to dismiss public officials without any actual reason or criteria, and such dismissal shall be based on objective and reasonable grounds and may be subject to administrative litigation. The judgment of the court below is based on the premise that the Plaintiff’s dismissal of public officials in extraordinary civil service is subject to restriction on the status guarantee of public officials in general service as prescribed by Article 62 of the Local Public Officials Act, and that such removal of public officials in Busan is not a public official in general service and is merely for the purpose of facilitating the supply and demand of public officials in extraordinary civil service, but it is reasonable that the appointment of public officials in extraordinary civil service has the same effect as those of public officials in general service and women belonging to Grade 1, public officials in general service.

In light of the records, the above recognition and decision of the court below is just, and there is no error of law in violation of the rules of evidence such as the theory of lawsuit, or in misunderstanding the legal principles of the principle of administrative expenses. All arguments are groundless.

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

Justices Seo Il-sung (Presiding Justice)