검찰과 행정심판위원회의 불법작위 및 부작위
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff, who received the notification from the Safety Administration on the request for disclosure of information, filed a complaint with the Seoul Central District Public Prosecutor's Office under the name of the crime such as preparation of false official documents, fraud, and abandonment of duties.
The prosecutor of the Seoul Central District Prosecutor's Office decided not to prosecute him, and the plaintiff appealed to the Seoul High Prosecutor's Office but was dismissed.
On January 21, 2014, the Plaintiff filed an administrative appeal with the Seoul High Public Prosecutor's Office to revoke a non-prosecution disposition against the Seoul High Public Prosecutor's Office. However, on May 20, 2014, the said Committee dismissed the Plaintiff's request.
【The ground for recognition” has no dispute, the purport of the entire argument of this case is legitimate, and the plaintiff has filed a claim with the Seoul Central District Public Prosecutor’s Office, the Seoul High Public Prosecutor’s Office, and the Seoul High Public Prosecutor’s Office to seek re-investigation, etc.
However, under the current Administrative Litigation Act, the so-called "performance of obligation" lawsuit that orders an administrative agency to actively conduct a certain act is not allowed (see Supreme Court Decision 91Nu4126, Feb. 11, 1992). The above part of the lawsuit in this case is unlawful.
The part of the claim for damages against the Defendants is unlawful in the course of performing their duties against the Defendants. Therefore, the Defendants are obligated to pay damages to the Plaintiff, and the Defendants are claiming that they seek money.
However, the above claim is not included in the scope of administrative litigation under Article 3 of the Administrative Litigation Act, apart from the fact that it can be filed as a civil lawsuit, so the above part of the lawsuit in this case is also unlawful.
Therefore, the plaintiff's lawsuit of this case against the defendants is brought.