죄명변경 및 재수사요구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff filed a claim against the defendant for "to re-examine the name of the crime in question by changing the name of the crime in question," and this constitutes a performance suit that orders the defendant who is an administrative agency to actively conduct a certain act.
However, Article 3 of the Administrative Litigation Act, which provides the type of administrative litigation, does not stipulate a performance lawsuit as its type, and it does not recognize a performance lawsuit seeking performance of administrative disposition (see, e.g., Supreme Court Decision 91Nu4126, Feb. 11, 1992). Accordingly, the instant lawsuit is dismissed by judgment on the ground that there is no legal basis.