"Gyeonggi-do Denies Unfair Demands"‥ Namyangju-si Files Lawsuit to Cancel 'Institutional Warning and Disciplinary Request'
Mayor Jo Gwang-han, "Cannot Be Seen as Refusal or Obstruction of Audit According to Local Autonomy Act and Constitutional Court Precedents"
[Asia Economy Reporter La Young-cheol] Namyangju City in Gyeonggi Province announced on the 29th that "it filed an administrative lawsuit at Suwon District Court on the 25th, requesting the cancellation of Gyeonggi Province's September decision to issue a 'institutional warning to Namyangju City and disciplinary demands for 16 public officials'."
Namyangju City stated that the reason for filing the lawsuit is to ask the court to judge whether the personnel disadvantages imposed on the public officials subject to disciplinary demands due to Gyeonggi Province's institutional warning and coercion against the city are justified.
Mayor Jo Gwang-han emphasized in a statement that day, "According to the Local Autonomy Act and precedents of the Constitutional Court, requesting an audit of autonomous affairs cannot be seen as refusal or obstruction of the audit."
He added, "Nevertheless, (Gyeonggi Province) pushing forward with the audit is retaliatory administration abusing authority and seriously undermines the constitutionally guaranteed local autonomy rights," and criticized, "Notifying the day before the holiday is an act that even disregards human decency."
Earlier, on September 17, the day before the Chuseok holiday, Gyeonggi Province demanded mass disciplinary actions against 16 public officials, including 4 severe and 12 minor disciplinary actions, accusing Namyangju City and its officials of obstructing the administrative audit by Gyeonggi Province, and issued an 'institutional warning' to the city.
Mayor Jo Gwang-han stated, "It is true that basic local governments have not responded to unfair measures by metropolitan local governments, considering it a customary practice," and said, "This administrative lawsuit will be a meaningful attempt to highlight the essential value of local autonomy guaranteed by the constitution."
Therefore, since there is no precedent of a basic local government filing an administrative lawsuit against disciplinary demands by a metropolitan local government, the outcome of the lawsuit is attracting attention from the public service community and public opinion.
Meanwhile, Mayor Jo has filed complaints against the Gyeonggi Province auditor and others for abuse of authority and defamation related to the disciplinary demands.
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Additionally, regarding the 'request for suspension of execution of disciplinary demands' filed by the disciplined public officials at Suwon District Court, the court ruled in favor of the Namyangju City officials on the 12th by granting the suspension.
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