면직 무효 확인
1. The judgment of the first instance court, including a claim added and reduced in the trial, shall be modified as follows:
The plaintiff.
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance. Thus, this part of the reasoning is cited by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
2. Judgment as to the main claim
A. On June 17, 2013, the Plaintiff’s assertion by the parties is primarily seeking confirmation of the invalidity of a disposition rejecting the discharge from active service.
In regard to this, the defendant sought revocation of the defendant's refusal to discharge from active service in the first instance court of the previous lawsuit of this case, and changed the claim to the appellate court to seek revocation of the disposition to exclude the person subject to the payment of the honorary discharge from active service allowances. Thus, the above main claim part of the previous lawsuit of this case is unlawful because it goes against the principle of prohibition of re-appeal
B. Article 267(2) of the former Civil Procedure Act provides that “A person who withdraws a lawsuit subsequent to the final judgment on the merits of the case shall not file the same lawsuit,” and the above provision shall also apply mutatis mutandis to administrative litigation in accordance with Article 8(2) of the Administrative Litigation Act.
The above provision of the Civil Procedure Act provides that the court’s effort, which is the object of the judgment, shall be dancing due to the withdrawal of the lawsuit, and that the final judgment shall be prevented by the parties from becoming subject to the lawsuit. Thus, in a case where the subject matter of the lawsuit in the previous lawsuit is the preemptive legal relations or premise of the subject matter of the lawsuit in the previous lawsuit, or where the subject matter of the lawsuit in the previous lawsuit is included in the subject matter of the lawsuit in the previous lawsuit, even though the subject matter of the lawsuit is different from the previous lawsuit, the previous suit and the subsequent suit, which cannot again seek a court’s decision as to the illegality
(see, e.g., Supreme Court Decision 88Meu18023, Oct. 10, 1989). However, a revocation suit is a subject-matter of lawsuit and is subject to a disposition to nullify the illegality of the disposition.