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(영문) 서울행정법원 2016.12.22 2016재구합43

기타(일반행정)

Text

1. The request for retrial of this case is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. Determination of the original judgment

A. The plaintiff in the process of the relevant administrative litigation against the defendant was "Plaintiff" in the Seoul Administrative Court.

6. At the time of the 25 War, a lawsuit was brought to seek compensation of KRW 5,1480,000 and its delay damages on the ground that they were mobilized by force as volunteer police officers and served as combat police officers from March 20, 1952 to June 17, 1954. The Seoul Administrative Court filed a lawsuit seeking reimbursement of KRW 5,1480,000 and its delay damages on the ground that they were mobilized by force as volunteer police officers. The Seoul Administrative Court on August 18, 2010.

6. The fact that the Plaintiff participated in the 25 War alone cannot be deemed to have acquired the right to claim remuneration against the Defendant, and even if the Plaintiff acquired the right to claim remuneration against the Defendant, the right to claim remuneration has expired since the five-year prescription period from June 17, 1954, which was expired as an volunteer police officer, and the period of five-year prescription expired.

“The judgment dismissing the Plaintiff’s claim on the ground that the Plaintiff’s appeal was dismissed (2010Guhap17519). All appeals and appeals filed by the Plaintiff were dismissed, and the said judgment became final and conclusive on April 19, 2012. (B) The circumstances of the relevant civil litigation are as follows: (a) the Plaintiff against the Defendant on the ground that the Seoul Central District Court did not receive any remuneration due to the loss of materials related to the service of public officials of the Mosan Police Station; and (b) the damages amounting to KRW

6. 25 War War War War Veterans filed a lawsuit seeking consolation money of KRW 15 million and its delay damages.

On May 16, 2013, the Seoul Central District Court rendered a judgment dismissing the Plaintiff’s claim on the grounds that “it is difficult to deem that a public official of the Mosan Police Station lost the Plaintiff’s work data because he/she violated his/her duty” (2013Da19340), and the above judgment became final and conclusive as it is.

C. After the process of the judgment subject to a retrial, the Plaintiff filed a claim against the Defendant in the relevant administrative litigation with the Seoul Administrative Court for remuneration of KRW 5,1480,000,000, damages for delay, or public officials of the Modsan Police Station who