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(영문) 서울행정법원 2014.11.20 2014구합15191

위법확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiff filed a civil petition with the Minister of Patriots and Veterans Affairs on August 17, 2009, and the Board of Patriots and Veterans Entitlement, other than the Minister of Patriots and Veterans Affairs, applied for notification of the result of handling civil petitions filed on March 13, 2014 to the Minister of Patriots and Veterans Affairs again on March 13, 2014. However, the Minister of Patriots and Veterans Affairs responded to the Defendant that he/she handled internal termination because there are no additional answers, other than those already returned on March 19, 2014. The Plaintiff asserted that “this violates Article 15 of the Act on the Treatment of Civil Petitions.” The Defendant filed an administrative appeal with the Minister of Patriots and Veterans Affairs seeking response to civil petitions filed on March 13, 2014.

(hereinafter referred to as “instant administrative appeal”). (b)

On October 24, 2014, the Defendant notified the Plaintiff that the hearing on the instant administrative appeal was held on November 4, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. On March 24, 2014, the Plaintiff asserted that he/she filed an administrative appeal against the Defendant with the Minister of Patriots and Veterans Affairs (the instant administrative appeal claim), but the Defendant did not review the said administrative appeal until October 30, 2014, which was at least six months thereafter, and did not serve a written adjudication on the Plaintiff. This is unlawful in violation of Articles 45 and 48 of the Administrative Appeals Act.

(b) A ruling under Article 45 (Period for Ruling) (1) of the Administrative Appeals Act shall be made within 60 days after the respondent or the commission receives a written appeal under Article 23;

Provided, That in extenuating circumstances, the Chairperson may extend the period of 30 days ex officio.

(2) Where the period for adjudication is extended pursuant to the proviso to paragraph (1), the chairperson shall notify the parties thereof by no later than seven days before the period expires.

Article 48 (Service and Effectiveness of Ruling) (1)