업무방해
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
office shall be located in the Gu.
ex officio deemed.
1. Of the instant lawsuits, a claim seeking omission is an unlawful lawsuit that is not allowed by an administrative agency pursuant to the Administrative Litigation Act to prevent an administrative agency from taking a certain measure under the Administrative Litigation Act.
(see Supreme Court Decision 2003Du11988, May 25, 2006). The Plaintiff sought against the Defendants not to interfere with the business, which constitutes a lawsuit seeking an omission by an administrative agency, and thus, is not allowed under the Administrative Litigation Act.
Therefore, this part of the claim is unlawful.
2. The consolidation of related claims under Articles 38 and 10 of the Administrative Litigation Act, among the lawsuits of this case, requires that the original appeal litigation be lawful, and thus, in a case where an appeal litigation is dismissed on the grounds that the original appeal is unlawful, the relevant joined claims shall also be dismissed to be deemed inappropriate.
(See Supreme Court Decision 200Du697, Nov. 27, 2001). Although the cause of the claim is clear, this part of the Plaintiff’s lawsuit is a claim for damages related to omission to be sought under paragraph (1) of the purport of the claim. Thus, it constitutes a civil lawsuit, which is incorporated into paragraph (1) of the purport of the claim. As long as the part of paragraph (1) of the Plaintiff’s lawsuit against the Defendants is unlawful, this part of the lawsuit is unlawful.
In addition, the filing of a lawsuit seeking monetary payment against Defendant Education, which is only an administrative agency, cannot be pointed out that it is unlawful as a lawsuit against a person who cannot be the subject of rights and obligations.
3. In conclusion, since the Plaintiff’s lawsuit against the Defendants is all unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.