1. Whether the provisions of Article 2(1) of the Local Public Officials Act conflict with those of Article 6(2) of the Local Public Officials Act;

2. Methods of exercising the power delegated inside between the administrative agencies; and

1. Article 2(1) of the Local Public Officials Discipline and Appeal Regulations shall be interpreted as a provision concerning the procedure to exercise the right to request a disciplinary decision, which is part of the disciplinary authority, if delegated by the head of the local government to the head of the agency to which he belongs under Article 6(2) of the Local Public Officials Act, and it shall not be deemed as a provision granting the right to request a disciplinary decision to the head of the Gu, etc. regardless of whether delegated under Article

2. Even if the Seoul Special Metropolitan City personnel rules or administrative delegation rules delegate internal authority to the head of the Gu, so long as the delegation is merely an internal delegation, the delegated person shall exercise his/her authority under the name of the delegating person, not his/her own name. Therefore, if the head of the Gu requests a disciplinary decision under his/her name, it is null

Article 2(1) of the Local Public Officials Discipline and Appeal Regulations, Article 6(1) and (2) of the Local Public Officials Act, Article 7(1) of the Local Public Officials Act, Article 8(1) of the Local Public Officials Act, Article 69(1) of the Local Public Officials Act, Article 17(2) of the Seoul Special Metropolitan City Personnel Rules, Article 2 [Attachment] of the Seoul Special Metropolitan City Rules on Delegation of Affairs

November 24, 1981, 81Nu70 (No. 672No. 80) decided July 27, 1982, 82Nu62 decided July 27, 1982 (No. 30 ② 272Gong689, 834)

Plaintiff

Seoul Special Metropolitan City Mayor

The defendant's removal on July 21, 1980 against the plaintiff shall be revoked.

Litigation costs shall be borne by the defendant.

The same shall apply to the order.

1. On July 21, 1980, the facts that the defendant dismissed the plaintiff who had worked as a local administrative officer at the 2nd office of Yeongdeungpo-gu, U.S., and there is no dispute between the parties concerned, and evidence Nos. 2 (No. 4-2; hereinafter the same shall apply), evidence No. 3 (No. 4-2), evidence No. 1-2, No. 2-1, No. 2-1, No. 2-1, No. 4-1, No. 4-1, and No. 13 (Notice of Non-Party Action), and the purport of oral argument No. 13 (Notice of Disciplinary Action), and the defendant's removal of the plaintiff under the name of Yeongdeungpo-gu, U.S., who notified the plaintiff of the above disciplinary request on the ground of the above disciplinary action No. 1, No. 972-1, Oct. 4, 1978.

2. First, examining the relevant provisions of the Local Public Officials Act concerning disciplinary proceedings on local public officials:

The head of a local government (including the superintendent of education of the Seoul Special Metropolitan City, Busan Metropolitan City, and the head of a Si/Gun/Gu office of education; hereinafter the same shall apply) shall have the authority to appoint, temporarily dismiss, dismiss, and take disciplinary action (hereinafter referred to as "right to appoint") under the conditions as prescribed by this Act.

Article 7 (1) of the same Act provides that a person who has the authority for appointment under the provisions of paragraph (1) of the same Article shall delegate part of his authority to the head of the agency to which he belongs under the conditions as prescribed by the regulations of the local government, and Article 7 (2) of the same Act provides that a person who has the authority for appointment under the provisions of paragraph (1) of the same Article shall establish a personnel committee for each appointing authority under the provisions of Article 6 of the same Act. However, in full view of the relevant provisions, Article 8 (1) 2 of the same Act provides that the personnel committee shall establish a personnel committee for making only decisions on disciplinary cases of public officials of class VI or lower in general service and technical service at the request of the person who has the authority for appointment, and Article 69 (1) of the same Act provides that a person who has the authority for appointment shall request a disciplinary resolution in any case falling under any of the following subparagraphs, and that a person who has the authority for appointment shall be delegated to the head of the Seoul Special Metropolitan City Mayor through a resolution of the personnel committee.

3. However, according to Article 2(1) of the above Regulations and Article 17(2) of the above Regulations, the defendant is legally delegated with the authority to request a disciplinary decision by the head of Yeongdeungpo-gu Seoul Special Metropolitan City. Accordingly, the defendant's disciplinary decision by the head of Yeongdeungpo-gu Special Metropolitan City Office No. 1 and Article 2(1) of the above Rules No. 7 of the Rules on Disciplinary Action and Appeal No. 1 are asserted as legitimate disposition by the head of Yeongdeungpo-gu Special Metropolitan City No. 2 and the head of the agency with which the personnel committee is established pursuant to the proviso of Article 7(1) of the Local Public Officials Act (in case of the head of the agency with which the head of the Gu and the personnel committee are established, the above Rules No. 1 and No. 2 of the Rules on Disciplinary Action No. 1 and No. 17 of the above Rules No. 2 of the Rules on Disciplinary Action No. 9 are not applicable to the dismissal of public officials and the head of the agency with authority for disciplinary decision No. 1 and No. 2 of the above. 7.

4. Therefore, the disciplinary action of this case is unlawful because it is not necessary to determine whether the grounds for disciplinary action against the defendant are legitimate, so the plaintiff's claim of this case seeking the revocation of the above disposition is justified and the costs of lawsuit are assessed against the losing defendant. It is so decided as per Disposition.

Judges Kim Jong-Un (Presiding Judge) and Kim Jong-sung