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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Under the current Administrative Litigation Act, a lawsuit seeking a performance judgment ordering an administrative agency to take a certain administrative disposition, or a lawsuit seeking a formation judgment seeking a court to directly conduct an administrative disposition having the same effect as that of an administrative agency taking a certain administrative disposition is not allowed.
(see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997). Claims, such as the Plaintiff’s purport of the claim, fall under a lawsuit seeking performance of obligations not permitted under the Administrative Litigation Act, and are thus unlawful.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.