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(영문) 대법원 2016.12.27 2014두5637
징계요구취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

1. Regarding ground of appeal No. 1

A. When the head of Seoul Special Metropolitan City, upon receiving the request for disciplinary action against the Plaintiff A as suspension from office pursuant to Article 32 of the Board of Audit and Inspection Act, the Plaintiff requested the Defendant to review the above request for disciplinary action pursuant to Article 36(2) of the Board of Audit and Inspection Act, and the Defendant dismissed the said request for reexamination.

As a result, the plaintiff A seeks the request for disciplinary action by the Board of Audit and Inspection and the cancellation of the decision on review thereof, and the Mayor of Seoul Special Metropolitan City requests the cancellation of the decision on review by the Board of Audit and Inspection

B. Whether the instant request for disciplinary action and a decision on review thereof are subject to appeal litigation; 1) An administrative disposition subject to appeal litigation is an act under the public law of an administrative agency, which directly changes in the specific rights and obligations of the public, such as ordering the creation of rights or the burden of obligations, or giving rise to other legal effects, etc., with respect to a specific matter, and an act, etc., which does not directly cause legal changes in the legal status of the other party or other interested persons, such as acts inside the administrative authority, referral, recommendation, and de facto notification, etc., cannot be subject to appeal litigation (see Supreme Court Decision 2012Du28704, Dec. 11, 2014).2) In terms of the Plaintiff’s request for disciplinary action, the Board of Audit and Inspection Act may request the Minister or appointing authority under its jurisdiction to take disciplinary action against a public official falling under the grounds for disciplinary action (Article 32(1)); and the head of the agency subject to appeal shall take the relevant disposition by the date determined by the Board

(Article 32(11) of the Board of Audit and Inspection Act does not stipulate that the head of the agency in receipt of the request for disciplinary action shall take disciplinary action as requested, and (2) in the request for disciplinary action under the Board of Audit and Inspection Act.

With respect to the Gu, the competent Minister in receipt of a request for removal.

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