국정교과서 수정 청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion submitted a civil petition on the compilation and revision of the government textbook three times to the defendant. However, the defendant only provided a formal answer to some of the plaintiff's civil petitions, and did not take measures such as revising the government textbook according to the plaintiff's civil petition.
The Defendant’s omission is illegal as it violates Articles 4 and 5(1) of the Civil Petitions Treatment Act, and Article 56 of the State Public Officials Act.
2. Determination
A. A lawsuit for confirmation of illegality of omission under Article 4 subparagraph 3 of the Administrative Litigation Act is a system with the purpose of removing a passive illegal state of omission or non-compliance by promptly responding to an administrative agency's response, by ascertaining that the omission is illegal if the administrative agency fails to comply with a legal response obligation under the law, such as accepting, rejecting, or rejecting an application based on the party's legal or sound right within a reasonable period of time.
In addition, such a lawsuit may be brought only by a person who has filed an application for a disposition pursuant to Article 36 of the Administrative Litigation Act and has legal interest in seeking confirmation of illegality of omission. Accordingly, the response by an administrative agency that the plaintiff seeks should be about a disposition as provided by Article 2(1)1 of the Administrative Litigation Act. Thus, even if a party did not file an application for an administrative act against an administrative agency or filed such application, it cannot be deemed that there is no standing to sue or an illegal omission subject to appeal, in a case where the party does not have any legal or logical right to require the administrative agency to perform such an administrative act, or where the administrative agency rendered a rejection disposition against the party’s application.