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(영문) 서울행정법원 2020.10.07 2020구합61560

보이스피싱

Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

In a lawsuit for confirmation of illegality of omission as stipulated in Article 4 subparagraph 3 of the Administrative Litigation Act, in case where a party does not have any legal or sound right to require an administrative agency to perform any administrative act, the lawsuit for confirmation of illegality of such omission cannot be deemed to have a standing to sue or an illegal omission which is the object of an appeal litigation, and thus, is unlawful.

(see, e.g., Supreme Court Decisions 97Nu17568, Dec. 7, 199; 99Du11455, Feb. 25, 2000). According to the records, the part of the claim stated in paragraph (1) of this case in the lawsuit of this case is unlawful as long as the part stated in paragraph (1) is unlawful, and the part of the claim stated in paragraph (2) of the relevant applicant is also unlawful, and it is not possible to correct each defect.

Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, all of the instant lawsuits shall be dismissed without oral proceedings, and it is so decided as per Disposition.