1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

1. The grounds for this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the court’s reasoning is the same as that of the judgment of the first instance.

2. Judgment on the defendant's main defense

A. On September 11, 2018, the Defendant informed C of his/her rightful retirement under this Chapter, and C is no longer in the position of this Chapter due to its lack of dispute. Thus, the instant lawsuit does not have a benefit of lawsuit.

B. Lawsuits for confirmation of relevant legal principles are permitted to eliminate risks or apprehensions with respect to the current rights or legal status. However, even in the past legal relations, there is benefit in confirmation only when it is recognized that it is a valid and appropriate means to obtain a judgment on confirmation of the legal relations in order to eliminate risks or apprehensions with respect to the present rights or legal status.

(see, e.g., Supreme Court Decisions 92Nu4611, Sept. 14, 1993; 2012Da17721, Oct. 17, 2013).

Judgment

In light of the above legal principles, according to the health team, Eul evidence No. 16, and the purport of the entire argument, the judgment of the court below is acknowledged that the court notified C of September 11, 2018 that he/she would be retired ipso facto from office in accordance with relevant statutes, such as Article 266(1)2 of the Public Official Election Act, etc.

According to the above facts of recognition, C is not in the position of this Chapter as of the date of the closing of argument, seeking confirmation of invalidation on January 10, 2018 of the appointment of B-C as D-D as to January 10, 2018 is merely a claim for confirmation of past legal relations or legal relationship, and there is no circumstance to deem that it has any impact on the present status of rights or legal status.

Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

3. The plaintiff's conclusion of this case.