1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On October 15, 2012, the Plaintiff was appointed as a local fire-fighting official of Gangwon-do and served as a local fire-fighting captain B in Gangwon-do.

B. On November 23, 2016, the Gangwon-do Disciplinary Committee of Fire Officers decided on the Plaintiff’s “two months of salary reduction” on the ground that “the Plaintiff, despite his/her spouse, entered into an inhumanity relationship with C with his/her spouse, and was in violation of Article 55 of the Local Public Officials Act by causing injury to C.”

C. Accordingly, on November 28, 2016, the Defendant took a disciplinary measure against the Plaintiff for February of salary reduction (hereinafter “instant measure”).

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 5, and the ground for appeal

2. Determination as to the defendant's main defense (whether the lawsuit of this case is legitimate)

A. The Defendant’s assertion filed the instant lawsuit without undergoing the review and decision of the appeals review committee with respect to the instant disposition. As such, the instant lawsuit is unlawful against Article 18 of the Administrative Litigation Act and Article 20-2 of the Local Public Officials Act.

(b)as shown in the attached Form of the relevant regulations;

C. According to the Local Public Officials Act, when a local public official is dissatisfied with a disciplinary action, he/she may make a request for examination to a local appeals commission within 30 days from the date on which he/she receives an explanatory note specifying the grounds for the disposition (Article 67(2) and (1)), and an administrative litigation against a disciplinary action cannot be brought without undergoing the examination and decision of the local appeals commission (Article 20-2). Therefore, in order for the Plaintiff, who is a local public official, to institute an administrative litigation against the instant disposition, he/she must undergo the examination and decision of the local appeals commission prior to the filing of the instant lawsuit. In this case, there is no evidence to deem that the Plaintiff had undergone the examination and decision of the local appeals commission by filing a request for the cancellation of the instant disposition with