부작위위법확인의소등
1. Revocation of the judgment of the first instance, and all of the lawsuits for the main claim and the ancillary claims in this case shall be dismissed; and
2...
1. This court's explanation concerning this part of the reasons for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance (2.2.2.6.18.2.) (However, this court's "this court" of 14.5.5.3 is "Seoul Administrative Court"), Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act.
2. Whether a lawsuit is lawful for the primary claim;
A. On Apr. 7, 2005, the plaintiff filed an application with the defendant for confirmation of addition of major (the rear eye and left eye) on Aug. 23, 2005, but this disposition was revoked and terminated by the administrative appeal revocation ruling on Nov. 11, 2005 on Jul. 6, 2006. As such, the defendant who is the disposition authority is legally obligated to take a new disposition on the plaintiff's application for confirmation of addition of major, despite the fact that it was unlawful that the defendant did not take any disposition on the plaintiff's application for confirmation of addition of major and that it was unlawful as omission.
B. Determination 1) The res judicata effect of a judgment in a lawsuit is not limited to the defects in the requirements for a lawsuit established in that judgment (see, e.g., Supreme Court Decisions 96Da31406, Nov. 15, 1996; 97Da25521, Dec. 9, 197). Any allegations or defenses arising from the grounds that could have been arising and submitted before the closing of argument in the final judgment at the fact-finding court is interrupted by the res judicata effect of the final judgment. Thus, it is not allowed for the parties to make a new assertion against the contents of the final judgment on such grounds (see, e.g., Supreme Court Decision 8Da3116, Sept. 27, 198). 2) As acknowledged earlier, the Plaintiff filed a lawsuit against the Defendant for confirmation of illegality of omission by the Seoul Administrative Court 2012Gu24606, Apr. 7, 2005>