행정심판청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 8, 2013, the Plaintiff was detained in Busan detention center due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax). On November 27, 2014, the sentence of imprisonment of two years and six months, and fine of 7.5 billion won became final and conclusive as of November 27, 2014, and was placed in the Busan detention center, and was placed in the said detention center on June 5, 2016 for the purposes of executing the labor union after the expiration of the term
B. On June 20, 2016, B and C admitted in the Busan Detention House filed a complaint with the Plaintiff as an indecent act by force. The Defendant started an investigation on June 23, 2016 upon the investigation’s request and concluded that the suspicion of indecent act by force is acknowledged to the Plaintiff. On July 7, 2016, upon the resolution of the disciplinary committee, the Defendant executed the instant disposition on the same day and completed the enforcement with disciplinary exemption on August 1, 2016.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 4, Eul evidence 1 to 11, the purport of the whole pleadings
2. The Plaintiff’s assertion B, etc. filed a false complaint against the Plaintiff for the purpose of having the Plaintiff take disciplinary action against the Plaintiff, and the Defendant did not verify the facts properly and did not take disciplinary action against the Plaintiff for 30 days. Thus, the instant disposition was unlawful.
3. Determination on the defense prior to the merits
A. The defendant's assertion that the disposition of this case in this case in this case is not possible to restore to its original state because the execution has already been completed. Thus, the plaintiff has no legal interest to seek revocation
B. In order to recognize the benefit of a lawsuit in an appeal litigation, there should be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act. Barring any special circumstance, there is no legal interest in seeking the revocation or invalidity confirmation of an administrative disposition already executed, and there is no legal interest in seeking such revocation or invalidity confirmation, barring any special circumstance to deem that there is a continued infringement of any legal interest due to the fact of such disposition.