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(영문) 서울행정법원 2013.12.05 2013구합18872

국가인권위원회진정기각등처분무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an organization established for the purpose of raising citizens’ awareness about the prevention of corruption.

B. On September 17, 2008, upon introduction by members B and one other, the Plaintiff filed a petition with the National Assembly of the 18th National Assembly to the effect that “A corporation, the representative C of the Plaintiff was a representative director, due to the illegal refusal to return deposits and the disposition of suspension of transactions of the Japanese bank, but the Financial Supervisory Service did not take any measures, such as corrective order or accusation, constitutes a waiver of duty, and thus, it constitutes a waiver of duty, and thus, the Plaintiff’s request for compensation for damage caused by the omission of the Financial Dispute Mediation Agency (hereinafter “instant petition”).

C. The Plaintiff asserted that, “The National Assembly had 90 days passed after the review period under Article 7(2) of the National Assembly Regulations on the Petition of this case, the petition review subcommittee was not established and continued to waive the review and resolution on the above petition, and that the Plaintiff’s petition right was infringed due to such omission,” and filed a lawsuit against the Secretary General of the National Assembly against the Plaintiff seeking confirmation of illegality of omission, etc. by the court 2009Guhap3279.

On May 21, 2009, this Court rendered a judgment dismissing the Plaintiff’s lawsuit on the ground that “The Plaintiff’s lawsuit is dismissed on the ground that there is no right to request the National Assembly to process the petition submitted by the Plaintiff within 90 days under the statutory and logical provisions to require the Plaintiff to file a petition.”

The plaintiff filed an appeal with Seoul High Court No. 2009Nu15861 against the above judgment, and changed the lawsuit in exchange for the claim that "the confirmation of illegality of omission, which did not notify the plaintiff of the result of the review and resolution within 90 days on the petition of this case." The above court reviewed the petition of this case within a reasonable period of time on July 14, 2010.