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1. The Defendant’s disposition of expulsion against the Plaintiff on June 4, 2015 is revoked.
2. The plaintiff's primary claim.
Reasons
1. Details of the disposition;
A. The Plaintiff was elected as a member of the Incheon Metropolitan City Council in the election of the member of the Local Council of the Jeju metropolitan Council.
B. On May 29, 2015, five members of E, etc., who were in office as members of Incheon Metropolitan City B, demanded disciplinary action against the Plaintiff on the ground that the Plaintiff, “The basic mission as members of the Council is low, anticipated to the executive body, led to the division of the Council to take the responsibility of the executive body, together with the person in charge of the executive body, and filed a complaint with the judicial authority.”
C. On June 1, 2015, the Defendant decided to organize the Special Committee on Ethics comprised of five members, including E, F, G, H, and I, at the plenary session of the 205 extraordinary session held on June 1, 2015.
On June 3, 2015, the agenda for disciplinary action against the plaintiff was presented at the second plenary session of the 205 extraordinary session, and the chairperson G of the Ethical special committee presented the opinion that "the plaintiff caused opposition among the members due to individual and abnormal parliamentary activities, slandered the members due to insulting remarks through SNS, thereby harming them, thereby impairing the dignity of the members, such as participating in the enforcement organ during the period of the Special Committee on Budget and Accounts, and thereby impairing the dignity of the members."
E. On June 4, 2015, at the third plenary session of the 205th extraordinary session held on June 4, 2015, the expulsion disposition against the Plaintiff was resolved and declared (hereinafter “instant disposition”) with the consent of five members of the Defendant (including the number including the Plaintiff).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Not only does there exist no grounds for disciplinary action against the Plaintiff, but also the grounds for disciplinary action presented by the Defendant in the instant lawsuit cannot be deemed as grounds for disciplinary action because they are abstract and ambiguous.
In addition, the defendant did not notify the plaintiff of the grounds for disciplinary action, did not provide the plaintiff with an opportunity to defend himself/herself in the course of the resolution, and the deadline for the request for disciplinary action also.