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(영문) 서울행정법원 2016.01.21 2014구합20049

정보공개부존재처분취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s claim is Seoul Northern District Prosecutors’ Office 2010-type 11044, 2010-type 28787, 2010-type 42805, and 2010-type 34728, and the Plaintiff is the complainant of each case. The Plaintiff’s above accusation case of the Plaintiff who was investigated by the Defendant was sent to the Defendant without suspicion, and the Plaintiff’s disposition was revoked on April 14, 2010 (No. 2010-type 11044), June 3, 2010 (No. 2010-type 28787), August 23, 2010 (No. 2010-type 42805), and September 27, 2010 (No. 2010-type 34728).

2. Examination of the ex officio decision on the legitimacy of a lawsuit, and with respect to a disposition not to institute a prosecution by a public prosecutor, a complaint under the Public Prosecutor's Office Act, a reappeal procedure under the Criminal Procedure Act, an application procedure for adjudication pursuant to the Criminal Procedure Act, and a constitutional complaint, and seeking its revocation is not allowed by administrative litigation.

(See Supreme Court Decision 89Nu2271 delivered on October 10, 1989). Thus, the Plaintiff’s lawsuit in this case is unlawful as it files an administrative litigation against matters not subject to an administrative litigation.

I would like to say.

3. Therefore, we decide to dismiss the Plaintiff’s lawsuit of this case as per Disposition.