2019Guhap21674 Revocation of a disposition of a partnership in the name of a member

1. Gambling-house;

Gyeonggi-do Yancheon-gun

2. Right;

Gyeonggi-do Yancheon-gun

[Defendant-Appellee] Plaintiff 1 and 2 others

The Ycheon-gun Association

Vice-Speaker

Attorney Cho Chang-chul et al., Counsel for the defendant-appellant

August 14, 2019

September 11, 2019

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant's disposition of expulsion against the plaintiffs on February 1, 2019 is revoked.

1. Details of the disposition;

A. The Plaintiffs are the Defendant’s Council members in the 7th national provincial election that was implemented on June 13, 2018.

was selected.

B. Five members, et al., belonging to the Defendant, are the Plaintiff on January 18, 2019, as follows, to the Defendant’s Speaker:

"Along with the duty to maintain dignity by causing social dignity due to an act during overseas public service training."

For this reason, disciplinary action against the plaintiffs was required.

- While the Plaintiff Park Jong-gun, as a representative of the residents, has maintained his/her dignity as a member of the council, he/she assaulted the local Ga OO (hereinafter “Ga O”) during the period of overseas service conducted from December 20, 2018 to December 29, 2018, and subsequently imprisoned the honor of the Republic of Korea and the Defendant by causing national harm in the course of making a false order. Accordingly, the Plaintiff breached Article 36(2) of the Local Autonomy Act (the duty to maintain the dignity).- While the Plaintiff’s right to exercise the Plaintiff’s rights as a representative of the residents, the Plaintiff violated the Plaintiff’s duty to maintain the dignity as a member of the council, the Plaintiff’s duty to communicate with the Ga OO during the period of overseas service conducted from December 20, 2018 to December 29, 2018, which led to the Defendant’s violation of the former Local Autonomy Act.

C. The defendant Special Committee on Ethics organized in accordance with the above request for disciplinary action shall request the disciplinary action against the plaintiffs.

After examining the case, a resolution to dismiss the plaintiffs for the following grounds for disciplinary action is made:

B, prepare a review report, and submit it to the plenary session of the defendant.

Article 36 (2) of the Local Autonomy Act provides that "the members of the local council shall have the duty of integrity and maintain dignity as members," and Article 86 of the same Act provides that "the local council may punish the members of the council by its resolution if they violate this Act or municipal ordinances and regulations." From December 20, 2018 to December 29, 2018, the head of the local council made it difficult for the members of the local council to have the members of the local council make it difficult for the members of the local council to have the members of the local council attend the school under the provisions of Article 36 (2) of the Local Autonomy Act. The members of the local council may not have the members of the local council attend the school under the provisions of Article 86 of the same Act, such as violence and violence to the military during the period of overseas service of the Macheon-gun-gun to the extent that the members of the local council were not able to have the members of the local council come to know that the members of the local council were not able to cooperate."

Article 36 (2) of the Local Autonomy Act provides that “The members of the local council shall have the duty of integrity and maintain dignity as members,” and Article 86 of the same Act provides that “The local council may take disciplinary action against any member if he/she violates this Act, or any municipal ordinances and rules.” From December 20, 2018 to December 29, 2018, ○○○○○ may have the members of the council take action against him/her in accordance with the provision of Article 86 (2) of the Local Autonomy Act. The Plaintiff’s right holder had the members of the local council take action against the Plaintiff during the period of his/her overseas service outside the U.S. military department from 8,000 to 30,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000.

D. Accordingly, on February 1, 2019, the Defendant held an extraordinary session (nine incumbent members) on February 1, 201, and held it against Plaintiff Gab○○.

In respect of an agenda item for expulsion, "in respect of an agenda item for expulsion, with an affirmative 7 votes, with an invalid one vote," a resolution shall be adopted (in this case,

H. First Disposition (hereinafter referred to as "first Disposition") and with respect to the issue of expulsion against Plaintiff ○○○, this title shall be referred to as 7 votes in favor of the two.

The order of dismissal was made by the resolution of the court (hereinafter referred to as "the second disposition"), and "the first and second dispositions" in total, "the first and second dispositions."

Each disposition is referred to as "each disposition".

【Uncontentious facts, entry of evidence Nos. 2 through 5, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiffs' assertion

In light of the following circumstances, each of the dispositions of this case is beyond the limit of discretion:

Since it is illegal when abuse occurs, it should be revoked.

A) Plaintiff Park ○-○ et al. al. together with the examination of Gadd’s first-aid members, including himself.

However, the plaintiff Park ○-○ et al. did not participate in the moment of netization and did not cause any contingent injury.

The media has already been reported differently from the fact that he/she committed a violence by taking the dys without any reason, and has already been reported by the media.

payment of compensation for damages to the Gaz in the local area, the fact that the Gaz has received a large Gaz, and the Gaz shall be paid.

In light of the agreement, the first disposition is too excessive compared to the act of the plaintiff Park Jong-○.

of this chapter.

B) However, it was true that the Plaintiff ○○ had a talk about the entertainment establishment to the Gads.

It shall be asked whether there is any location in the country and shall be forced to move to an absolute entertainment establishment.

The plaintiff (the plaintiff ○○) is not a singing or singing in the United States or Canada, as in Korea.

It was found that there are places of drinking, such as drinking and singing, and Gad Dod Dod Doe's culture.

We affirm that there is no defect in its entirety) Nevertheless, it is against the assault case of Plaintiff Park Jong-○.

No. 2 in light of the fact that a report was made significantly on the ground that the report was made;

The acts of the plaintiff ○○○ are more severe than those of the plaintiff ○○.

C) In addition, when disciplinary action is taken against a member of the local council, the result of the local council member’s election organization

The representation of the residents of the autonomous district, the principle of minority protection in the Council shall also be taken into account; and

The resolution shall not be a means for the withdrawal of minority minoritiess by the majority. In this regard, it shall not be a means for such withdrawal.

In other words, each of the dispositions of this case is excessive and is in violation of the principle of proportionality.

(b) Relevant statutes;

The provisions of the attached Table shall be as specified in the statutes.

C. Determination

1) Relevant legal principles

Any disciplinary action shall be taken against the person subject to the disciplinary action for the reason of the disciplinary action.

Authorization shall be based on the discretion of the authorized person having authority over disciplinary action, but disciplinary action taken by the authorized person having authority over disciplinary action as the exercise of discretion.

The disposition has considerably lost its validity and has abused its discretion by social norms.

If the action is determined, the action shall be deemed unlawful, and the disciplinary action shall be present under social norms.

If it is intended to lose the propriety of the case, the misconduct that caused disciplinary action in accordance with the specific case is found to be unreasonable.

Various needs, such as the content and nature of a disciplinary action, administrative purpose to be achieved by a disciplinary action, criteria for the determination of disciplinary action, etc.

The disciplinary action may be deemed to be objectively and objectively unreasonable when a determination is made by integrating the action.

for public interest purposes even if the exercise of the authority to take disciplinary action is at the discretion of the appointing authority.

(1) is against the public interest principles that should exercise the right of disciplinary action, or is generally deemed as grounds for disciplinary action.

The principle of proportionality by choosing an excessive disciplinary measure, which is more balanced than the degree of flight;

against or without reasonable grounds, generally applied to the same degree of flight;

In case of violation of the principle of equality by selecting disciplinary action which has lost fairness against the standards;

Such disciplinary action is unlawful as a disposition beyond the discretionary power (Supreme Court Decision 11 May 2006).

See Supreme Court Decision 2004Du5546 Decided January 1, 2006

The foregoing legal doctrine applies (see Supreme Court Decision 2014Du40616 decided January 29, 2015, etc.).

On the other hand, other parts recognized even if some of the grounds for the disciplinary action are not recognized.

Where it is sufficient to recognize the validity of the disciplinary action only on the grounds of guidance, the disciplinary action;

Even if maintained, it is not illegal (Supreme Court Decision 2002Du6620 Delivered on September 24, 2002).

[Reference] .

In addition, according to Article 36 (2) of the Local Autonomy Act, members of the local council shall maintain dignity as members.

have a duty to maintain and the above obligation, regardless of whether a member of the local council is inside or outside the scope of his duties:

A person who does not hold any hands in the course of performing his/her duties as a delegate of an elector of a local council member;

Action that is likely to undermine the people's trust in the public service society as well as the principal in line with the good;

Supreme Court Decision 20148469 Decided April 13, 2017 (Supreme Court Decision 20148469 Decided April 13, 2017)

[Reference] .

2) Facts of recognition

The following facts do not conflict between the parties, or each of the evidence Nos. 2, 3, and 6, 7

may be recognized by comprehensively taking into account the purport of all entries and pleadings.

A) The plaintiffs' overseas travel for official duties

Members of the Defendant, including the Plaintiffs, who belong to the Plaintiffs, were from December 20, 2018 to December 29 of the same month.

The purpose of performing official duties to visit the development and preservation status of tobacco resources, urban regeneration projects, etc.;

In other words, the U.S. has moved to the Dong and Dog area.

B) Regarding the Plaintiff’s act of Park ○-○

(1) On December 23, 2018, Plaintiff Park Jong-○ et al., parking on the subway prior to the debate in Canada.

In the tourist bus, a dives that guide the travel of the members belonging to the defendant is the chairperson of the defendant.

The substance of the tax law, together with the beginning members, shall be the right hand hand hand hand hand of the beginning members.

D The face of the D shall be one time, and the head part of the D's head shall be taken once by drinking, and approximately two weeks shall be taken into consideration to the D's face at least once.

The act of assault in this case is called the act of assault in this case, which is composed of inside the right side, which requires medical treatment (hereinafter referred to as "the act of assault in this case").

(2) At the Daegu District Court Residential Support 201 June 11, 2019 (2019Sang27) (2019Sang27)

It was sentenced to a fine of 3 million won for the crime of assaulting the act of this case, but the prosecutor is above.

This case is currently pending in the appellate court.

C) Regarding the Plaintiff’s act by ○○○

(1) On the Plaintiff’s act by ○○○, the Gad is an investigative agency, and the Gad is an “Plaintiff’s right ○○.”

Secondly, on the second day (by December 21, 2018) the request for guidance as a drinking house with Domins (or loan).

The answer was made to the absence of the House, and the report was made to question whether or not the report would not be sub-faceted. At the time, but

In Ss, two women's members and travel agents' representatives, and women's members were reported to the National Assembly.

Magres answer ? Magres ? Magres ? Mags ? Magres ? Mags ?

Written evidence Nos. 2(11, 52).

(2) As to this, the Plaintiff’s authorized ○○○○ is an investigative agency in Korea in the United States or Canada.

If any, whether there is a place in which he/she sing and singing together, such as singing or singing, or if any;

I asked to see that it would not be a part of a certain end. "I am hynasium by making a statement as "."

Gad's statements that Gad's statements were made to Gad's Rod's Rod': Provided, That the plaintiff Gad's Do

“Adrid has discontinued to ask questions to the United States or Canada with the absence of such a culture; and

The statement was made to the effect that the statement was made to the effect that the statement was “A” (the statement No. 27 of the evidence No. 27).

D) Press reports, etc.

When the act of Plaintiff Park ○-○ was reported to the press on January 1, 2019, Plaintiff Park ○-○ was reported.

In the press, 'D' and travel schedule problems and 's end of the dispute' are only talking about the end of the dispute.

Indeed, it was clear to the effect that the loss was her face and did not have intention to do so, but the above plaintiff could do so.

When CCTV images that assault the World were disclosed, they reversed the above argument and neglected it.

In relation to the acts of the plaintiffs, some residents of the Yacheon-gun, which are series of reports;

The plaintiffs and non-governmental organizations claim that all the members of the defendant and the members of the defendant must resign.

Highly, the Speaker's office was occupied and deaf.

3) Whether the discretionary authority is deviates or abused

The following circumstances known in full view of the purport of the above facts of recognition and the entire arguments:

In light of the above, the circumstances alleged by the plaintiffs alone are the principle of proportionality.

It is difficult to regard it as a violation of discretionary power or an abuse of discretionary power.

Therefore, the plaintiffs' assertion is without merit.

A) In the course of overseas training, which is a day-to-day exchange for parliamentary activities, Plaintiff Park ○

The plaintiff ○○ has committed an act of assault, and unlike the purpose of overseas training, the plaintiff ○○ has a contact with the Gad.

The plaintiffs requested that singing, singing, and drinking, which shall be the members of the local council.

It is likely that a proxy of the elector will lose his/her trust in public service society as well as in himself/herself;

The duty to maintain dignity under Article 36 (2) of the Local Autonomy Act, since the act is performed.

It will be a violation.

On the other hand, the plaintiffs are seriously aware of their dignity in violation of their duty to maintain their dignity.

Not only damaged but also the plaintiffs by reporting the plaintiffs' actions to the daily media.

Having given a huge sense of view to those who directly extract from Pacheon-gun regional voters, and even the basic Congress

The defendant has been raised up to criticism that the quality and character of a member has not been verified.

the significance of the existence of the local council system as well as the external consolation and honor of the public;

As a result, the degree of violation of the duty to maintain dignity can be deemed to be less severe.

(2).

B) Independence and autonomy as a decision-making institution for local government affairs

in order to maintain the order and dignity of the Congress, the disciplinary action against the members of the local council

Since special sanctions are imposed on the status, the determination of whether to take disciplinary action and the decision on the selection of the kind thereof shall be made.

It is necessary to respect in light of the independence and autonomy of the local council, except the plaintiffs.

For each of the dispositions of this case decided by the affirmative votes of all the Council members (based on an effective vote)

need to be respected.

C) For the public interest purpose of restoring parliamentary functions and securing the confidence of the people:

Each disposition of this case was conducted, and the content and nature of the misconduct caused by the disciplinary action;

In light of the administrative purpose, criteria for the determination of disciplinary action, etc. that a person intends to achieve by a disciplinary action;

It seems that each disposition has been objectively and objectively unfair and thus has considerably lost validity under social norms.

It is difficult to see that it violated the principle of equality.

D) Seriously between the disadvantage suffered by the plaintiffs to each disposition of this case and the public interest as seen earlier.

Since it cannot be deemed that there is a imbalance of legal interests, each disposition of this case violates the principle of proportionality.

It is difficult to see that it is.

E) The intent of the Gun residents in the election district that elected the plaintiffs by each disposition of this case is avoided.

Each disposition of this case is not appropriate to the extent that the disposition of this case is not appropriate.

I would like to say that it would be desirable.

3. Conclusion

Therefore, the plaintiffs' claims are dismissed in entirety as it is without merit. It is so ordered as per Disposition.

shall be ruled.

presiding judge Park Ma-ho

Private citizens;

Kim Croop

A person shall be appointed.

A person shall be appointed.