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(영문) 서울행정법원 2020.08.20 2020구합56063

좋은세상

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Under the current Administrative Litigation Act, the so-called lawsuit demanding an administrative agency to actively perform a certain act is not allowed (see, e.g., Supreme Court Decision 91Nu4126, Feb. 11, 1992). The instant lawsuit constitutes a lawsuit seeking the removal and forfeiture of the Defendants, on the premise that the Defendants are administrative agencies, and thus, constitutes a lawsuit seeking the removal and forfeiture of the Defendants’ respective duties.

2. As such, the instant lawsuit is all unlawful and its defects cannot be corrected due to its nature. Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.