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(영문) 대전지방법원 2019.08.08 2019구합100140

재결취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. The Plaintiff is a professor at B University’s college. The Defendant is the Central Administrative Appeals Commission, a State agency, established with the aim of remedying citizens’ rights or interests infringed by an administrative agency’s unlawful or unreasonable disposition or omission, and seeking appropriate administration.

B. On October 22, 2018, the president of the college of B was asked the Plaintiff to request for the maintenance of equipment in front of the reading room on the grounds that various research and experiment materials are left unattended in the corridor between the reading room and the laboratory, and that there is room for hindering students from the academic crisis.

C. On November 5, 2018, the Plaintiff entered the president of the B University as the respondent, and the respondent granted the applicant the right to manage the B B’s Department C, which is an idle space (hereinafter “instant claim 1”). On October 22, 2018, the respondent filed an administrative appeal with the purport that the Defendant revoked the order to improve the reading room environment (hereinafter “instant claim 2”).

On December 18, 2018, the defendant determined that the above administrative appeal filed by the plaintiff is not a subject of each administrative appeal (disposition) and decided to dismiss all of the administrative appeals (hereinafter referred to as "the ruling of this case").

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 11, the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. The defendant asserts that, in the case of a lawsuit seeking revocation of adjudication, the adjudication is subject to revocation litigation only on the ground that the adjudication itself has an inherent error, and since there is no inherent defect in the adjudication itself, the lawsuit seeking revocation of adjudication in this case is unlawful.

B. In light of this, according to Article 19 of the Administrative Litigation Act, in a case where an adjudication on an administrative appeal is based on the inherent illegality of the adjudication itself, an appeal shall be filed.