행정절차부작위 위법
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In the case of this case, the office is located in the Gu.
1. A lawsuit seeking confirmation of illegality of an omission under Article 4 subparag. 3 of the Administrative Litigation Act is a system for the purpose of removing a passive state of omission or non-compliance with an administrative agency’s response promptly by ascertaining the illegality of the omission in a case where the administrative agency fails to perform its legal duty to respond to a request based on a party’s legal or sound right within a reasonable period of time, such as the administrative agency’s active disposition accepting the request, rejection, or dismissal of the request, despite the party’s legal response obligation to respond to such passive disposition. Such a lawsuit may be brought only by a person who has filed the request for disposition and has legal interest in seeking confirmation of illegality of omission.
The answer by the administrative agency that the plaintiff seeks through the response must be related to the disposition under Article 2(1)1 of the Administrative Litigation Act (see, e.g., Supreme Court Decisions 89Nu5786, May 25, 1990; 89Nu758, Sept. 25, 1990). Thus, even if the party did not apply for any administrative act against the administrative agency or applied for such an act, the party does not have any legal or logical right to demand that the administrative agency be engaged in such administrative act, or if the administrative agency rendered the disposition of refusal with respect to the party's application, it cannot be deemed that there is no qualification for the plaintiff or an illegal omission that is the object of the appeal litigation, and thus, the lawsuit for confirmation of illegality of the omission shall be deemed unlawful.
(See Supreme Court Decision 91Nu11278 delivered on June 9, 192). Examining the grounds for the claim stated in the complaint of this case and the evidence submitted by the Plaintiff, the Plaintiff’s administrative act against the Defendant constitutes a disposition under Article 2(1)1 of the Administrative Litigation Act.