업무방해
All of the plaintiff's lawsuits against the defendants are dismissed.
Litigation costs shall be borne by the plaintiff.
Head of the Gu Office.
Whether the instant lawsuit is lawful
A. The consolidation of related claims under Articles 38 and 10 of the Administrative Litigation Act with respect to the part of the lawsuit against Defendant 2, shall require that the original appeal litigation be lawful, and in a case where the original appeal litigation is dismissed on the grounds that it is unlawful, the relevant claims joined therein shall also be dismissed to be deemed to be inappropriate to satisfy the requirements for lawsuit.
(See Supreme Court Decision 200Du697 delivered on November 27, 2001). Defendant 2 merely did not prove any assertion as to the grounds on which Defendant 2 had the standing to be a defendant in an administrative litigation. Furthermore, even if Defendant 2’s claim against Defendant 2 is a civil lawsuit, which is a joint lawsuit with the remaining purport of the claim, the lawsuit against the remaining Defendants is both unlawful, and this part of the lawsuit is also unlawful.
B. A claim seeking omission from an administrative agency to prevent an administrative agency from taking a certain disposition is an improper lawsuit that is not allowed under the Administrative Litigation Act.
(See Supreme Court Decision 2003Du11988 Decided May 25, 2006). Even if the purport of this part of the claim is sought, it constitutes a lawsuit seeking the Defendants not to interfere with their business, and thus, it is unlawful as a lawsuit not allowed under the Administrative Litigation Act.
C. Under the current Administrative Litigation Act, Article 2 and 3 of the purport of the claim are not allowed to file a lawsuit seeking performance of obligations that orders an administrative agency to actively perform a certain act (see, e.g., Supreme Court Decision 91Nu4126, Feb. 11, 1992). Of the instant lawsuit, the provisions of Articles 2 and 3 of the purport of the claim in the instant case fall under a lawsuit seeking death or removal, and thus are unlawful.
Although the ground for the plaintiff's claim as stated in Paragraph 4 of this Article is unclear, it constitutes a civil procedure, even if the defendant's failure or act is decided to compensate for damages.
However, as long as the part of the claim Nos. 1, 2, and 3 of the Plaintiff’s lawsuit against the Defendants is unlawful, it is seen earlier.