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(영문) 서울행정법원 2016.01.29 2015구합1946

기타(징계및교육이행)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts are either a dispute between the parties or substantial in this Court:

On January 29, 2015, the Plaintiff submitted the instant complaint to the instant court, but did not affix revenue stamps.

B. Accordingly, on February 4, 2015, the presiding judge of the instant court issued an order of correction to the effect that “the payment of stamp, etc. within seven days from the date of delivery of the order” (hereinafter “instant order of correction”), and the Plaintiff received the instant order of correction on the same day.

C. On February 10, 2015, the Plaintiff filed an application for legal aid with respect to recognition, etc. (Seoul Administrative Court 2015do384), but the decision of dismissal on May 21, 2015 was served on the Plaintiff on May 29, 2015.

The Plaintiff appealed and filed an immediate appeal on June 1, 2015 (Seoul High Court 2015Ra1196), but the decision dismissing the appeal on June 22, 2015 was served on the Plaintiff on July 3, 2015.

The Plaintiff appealed and re-appealed on July 6, 2015 (Supreme Court Decision 2015Da568), but the decision to dismiss the non-trial trial as of November 18, 2015 was served on the Plaintiff on November 27, 2015, and the decision to dismiss the said decision became final and conclusive on May 21, 2015.

On March 31, 2015, the Plaintiff applied for a legal aid again with respect to the stamp, etc. (Seoul Administrative Court 2015ia793), but the decision of dismissal made on May 21, 2015, which was served on the Plaintiff on May 29, 2015, became final and conclusive as the filing period of appeal on June 6, 2015.

E. Meanwhile, the duplicate of the instant complaint was served on February 3, 2015 to the Governor of the Financial Supervisory Service, and on February 9, 2015 to the Defendant Republic of Korea respectively.

2. Whether the lawsuit of this case is lawful

A. According to the relevant legal principles and Article 8(2) of the Administrative Litigation Act and Article 254 of the Civil Procedure Act, where the Plaintiff has failed to affix stamps pursuant to the provisions of law to the complaint, the presiding judge shall set a reasonable period and order the correction of defects within the said period, and where the Plaintiff fails to correct the defects within the said period after receiving an order to correct the stamp within the said period, the presiding judge shall issue a