행정청구의 소
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). The Plaintiff’s claim to state the purport of the claim is unlawful because it falls under a performance lawsuit not permitted under the current law or its purport is not specified.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.