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(영문) 서울행정법원 2018.01.12 2017구합67773

국가인권위원회결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 26, 2016, the Plaintiff filed a petition with the Defendant on September 26, 2016, stating that “if the Plaintiff was passing through the search platform at a C International Passenger Terminal in order to leave China on September 22, 2016, the search team employees want to search the search platform again, and made boarding vessels. On September 25, 2016, the Plaintiff attempted to visit the above terminal and purchase the dispatch slip. However, at the D Police Station, the Plaintiff failed to purchase the dispatch slip because it was impossible to purchase it by taking measures to stop boarding for three months, which is unjust.”

B. On November 25, 2016, the Defendant: (a) deemed that the Plaintiff’s assertion does not constitute a violation of human rights; and (b) rendered a decision to dismiss a petition pursuant to Article 39(1)2 of the National Human Rights Commission Act (hereinafter “instant decision”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, Eul evidence 1-2, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the decision of this case is legitimate

A. On September 22, 2016, the Plaintiff asserted that the instant decision was rendered without confirming CCTV and without conducting an on-site investigation, even though the Plaintiff did not refuse to undergo a disturbance and search at the search team on September 22, 2016, and thus, the instant decision should be revoked in an unlawful manner.

B. (1) The following facts are acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 4, 5, and Eul evidence No. 3

① The Defendant, as a police officer belonging to the D police station, shall comprehensively take into account the passenger transport clause of E Co., Ltd. (hereinafter referred to as “E”), F slope, the head of the G Regional Maritime Affairs and Fisheries Agency’s security team H, the first written statement of international passenger terminal security guards, and the first written report on the performance of the former North Korea Coast Guard’s internal investigation report, etc.