The illegality of removal from office based on a disciplinary decision not guaranteeing the right to make an appearance and make a statement to a disciplinary suspect.

A disciplinary decision that does not guarantee a discipline accused person's right to make an appearance and right to make a statement is unlawful, and the removal from office in accordance with the decision is also illegal, and it constitutes grounds for revocation.

Articles 8 and 69 of the Local Public Officials Act, Articles 4 and 5 of the Local Public Officials Discipline and Appeal Regulations

Plaintiff 1 and one other

Busan City Mayor

(1) Each disposition taken by the Defendant against each of the plaintiffs as of July 7, 1975 shall be revoked.

(2) Costs of lawsuit are assessed against the defendant.

The same shall apply to the order.

If Gap evidence Nos. 1-2 (Postal Bag), 2 (Written Grounds for Disciplinary Action), 3 (Notice of Disciplinary Action), 4 (Notice of Notice), 1-2 (Notice of Notice of Notice), 3 (Execution of Disciplinary Action for Local Public Officials of Grade IV), and 4 (Notice of Notice of Notice) are collected before oral pleadings, the defendant's work in the construction of the Busan City Office (Name omitted) and the construction of the Ministry of Government Administration and Home Affairs of the Busan City, and the non-party Nos. 1 and the local administrative assistant of the non-party 2, who are the head of the Busan City Office. The defendant's failure to comply with the summons of the prosecutor after being summoned by the investigation agency, and caused damage to the public official's goods and trends in administrative confidence by reporting the above suspicion to the society, and neglecting to perform his duty for 1-7 days by applying Article 17 (1) 97 (1) of the Local Public Officials Act.

However, in the above disciplinary action, the plaintiffs' request for disciplinary action was made under the jurisdiction of the personnel committee without giving any notice of attendance to the plaintiffs who are the disciplinary suspect, i.e., the disciplinary action without giving them an opportunity to make statements. This decision is null and void as it is based on the result of this disciplinary action, so the procedure for the disciplinary action of the personnel committee is prescribed by the Presidential Decree. According to Article 7 (3) of the Local Public Officials Act, the disciplinary action is conducted according to the result of the disciplinary action and Article 4 and Article 5 of the above disciplinary action regulations, and the plaintiffs' request for disciplinary action was made under the premise that the above disciplinary action is unlawful because the defendant's request for disciplinary action was made under the premise that the above disciplinary action was made under the premise that the defendant's request for disciplinary action was unlawful. The defendant's request for disciplinary action against the defendant's removal under the premise that the above disciplinary action was made under the premise that the defendant's request for cancellation of the disciplinary action was made under the premise that the defendant's request for disciplinary action is unlawful.

Judges Kim Ho-young (Presiding Judge) and Lee Jong-hee apply mutatis mutandis