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(영문) 서울행정법원 2019.05.03 2018구합55937

무효확인소송

Text

1. Part of the plaintiff's conjunctive claim against the National Human Rights Commission of Korea, and the president of the Supreme Prosecutors' Office, and the defendant.

Reasons

1. Details of the disposition;

A. On June 30, 2016, the Plaintiff was investigated by a criminal police officer of the Jinnam Police Station and a police officer affiliated with the police officer of the Jinnam Police Station on the ground of the assault with D (name E, age E, age 17) that occurred in the Singing room located in Jinju-si B around 20:30.

B. On July 18, 2016, the police, on the ground that D and her mother F want not to be punished against the Plaintiff, sent the case to the prosecutor’s office without prosecution (it is without the authority to prosecute). On July 19, 2016, the Jinwon District Prosecutors’ Office rendered a decision not to prosecute the Plaintiff on the ground that the Ninwon District Prosecutors’ Office had no authority to prosecute the Plaintiff.

In the course of the investigation by the respondent (the police officer in charge of the police station in the Gangnam-gu Police Station and the police officer belonging to the police station in charge of the police station in charge of the police station in the case, the plaintiff is subject to human rights violations as follows.

The plaintiff is a victim of violence and the respondent is a criminal suspect investigation of the plaintiff while the respondent is a victim of violence.

(b).

In relation to the plaintiff's assault damage, the respondent does not confirm CCTV, and does not investigate only one of the seven juveniles at the time of the assault damage, and does not investigate the remainder.

The respondent does not notify the principle of non-competence during the investigation.

After completion of the investigation, the Plaintiff’s seal without properly inspecting the protocol.

(c).

On August 4, 2016, the Plaintiff filed a petition with the National Human Rights Commission of Korea with the following content:

(16-Appeal-0615800) d.

On November 28, 2016, the National Human Rights Commission dismissed a petition pursuant to Article 39(1)1 and 2 of the National Human Rights Commission Act on the ground that “the investigating of the petitioner is not deemed arbitrary or unlawful, and there is no objective evidence or material to recognize the content of the petition.”

(hereinafter “Disposition of rejection of this case”). (e)

The plaintiff is dissatisfied with this and filed an administrative appeal with the administrative appeals commission of the National Human Rights Commission of Korea.