정보공개 부존재 처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The so-called “performance of obligations” that orders an administrative agency to actively perform a certain act is not allowed (see, e.g., Supreme Court Decisions 87Nu868, Sept. 12, 1989; 91Nu4126, Feb. 11, 1992). The Plaintiff has filed a claim against the Defendant, as stated in the purport of the claim, against the Defendant. However, the Plaintiff is not entitled to file a petition for an administrative litigation because it constitutes a lawsuit for performance of obligations.
Therefore, the lawsuit of this case is unlawful and its defects cannot be corrected due to its nature. Thus, it is so decided as per Disposition by the assent of all participating Justices on the ground that the lawsuit of this case is dismissed without pleading pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.