중앙행정심판재결취소등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
According to the records of this case, the plaintiff argued that "The traffic accident occurred in front of the Gangnam-gu Seoul Metropolitan Government, around 13:30 on June 28, 1986, the plaintiff was caused by a mistake in the fact of the traffic accident and that the perpetrator and the victim were replaced." The defendant Gangnam-gu Chief of the defendant's Gangnam-gu Seoul Metropolitan Police Station requested the defendants to modify and revoke part of the statement of the traffic accident certificate against the defendant, asserting that "The traffic accident occurred in front of the Gangnam-gu Seoul Metropolitan Government, which occurred in front of the vehicle, was caused by the act of God-si (D)'s act of go beyond the center line due to force majeure caused by the left-hand after the operation of the vehicle from the side of Seoul to the side of the center."
Since performance litigation is not allowed in administrative litigation, the part seeking partial change in the certificate of traffic accident is unlawful without further review.
In addition, an administrative disposition subject to a revocation suit refers to an act of an administrative agency's public law, which directly affects the rights and obligations of the people by ordering the establishment of rights or the burden of obligations under the laws or regulations with regard to a specific matter, or by causing other legal effects directly. A traffic accident certificate is only a document stating the basic investigation results of an investigation agency with regard to the current status of a traffic accident, etc., but does not directly affect the rights and obligations of the people.
Therefore, since the lawsuit of this case is unlawful and there is no way to correct its defects, it is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.