국가인권위원회 행정심판위원회결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The Plaintiff sought the revocation of the entire adjudication in the first instance court, and the first instance court rejected the Plaintiff’s claim for revocation of a request for adjudication by the National Human Rights Commission of Korea (hereinafter “instant first disposition”) against “a petition against an investigation of a biased” in the instant adjudication, and the remainder of the Plaintiff’s claim, namely, the Constitutional Court’s rejection decision of the National Human Rights Commission of Korea (hereinafter “instant second disposition”) against “a petition against submission of a written opinion” (hereinafter “instant second disposition”).
Since only the plaintiff appealed against the part of the first instance judgment against the plaintiff, the scope of the judgment of this court is limited to the above part of the appeal.
2. The reasoning of the judgment of this case and the reasoning of this part by the court is as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance. Thus, the reasoning of this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
3. Whether the dismissal decision on the revocation of the second disposition of this case is legitimate
A. The plaintiff's assertion 1) The defendant dismissed the plaintiff's application to be present for oral statement in the deliberation and resolution procedure, and the plaintiff's original copy of the written judgment (Evidence (Evidence (Evidence (Evidence (No. 3) of this case) is not accompanied by a written adjudication (Evidence (Evidence No. 1) with no signature of the administrative appeals committee members, and the defendant's actual deliberation and resolution, and there is no person who is present as an administrative appeals committee member. Thus, there is an error in the form and subject of the adjudication. In addition, the defendant extended the 60-day adjudication period as stipulated in Article 45 of the Administrative Appeals Act to 90 days without any special reason. Further, Article 46 of the Administrative Appeals Act provides that the judgment shall be made in writing, and the case number and name, personal information of the parties, the text, the purport of the request, and the purport of the request.