금융거래정보 제공 거부 처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
ex officio, we examine the legality of the instant lawsuit.
If there is no administrative disposition seeking cancellation by the Plaintiff, the existence of an administrative disposition subject to litigation in an administrative litigation is a legitimate element of litigation. Thus, as long as there is no disposition seeking cancellation by the Plaintiff, the lawsuit must be dismissed by illegality.
(see, e.g., Supreme Court Decision 96Nu6707, Aug. 26, 1997). In full view of the respective descriptions and arguments in subparagraphs 1 through 3 (including paper numbers), 5 and 9, the following facts can be acknowledged.
① On July 13, 2018, at Defendant B, the Plaintiff filed a request to provide financial transaction information on the part that “income tax of KRW 309,410 and KRW 30,940 of income tax on KRW 1,547,050 of 2010” among the withholding receipts (certificate No. 1) on his/her other income at Defendant B, and the part that “income tax of KRW 1,547,050 of gross income was withheld at KRW 309,410 of income tax on KRW 309,410 of income tax on KRW 1,547,050” in his/her income specification (certificate No. 2).
② On this basis, the Defendant announced that “the bank may provide financial transaction information by specifying the account number and period,” and accordingly, the Plaintiff immediately applied for the provision of “the transaction details,” from January 26, 2007 to November 17, 2009, on the C account in the name of the Plaintiff, from January 26, 2007 to November 17, 2009, on the transaction details, 11 partial withdrawals transaction details on the C account in the name of the Plaintiff, and from the time of opening the D account in the name of the Plaintiff.”
(3) The defendant, immediately, as the details of transactions of the previous accounts and the details of transactions between the Republic of Korea and the Republic of Korea, to the plaintiff, from October 8, 2008 to November 17, 2009, 11 cases for the relevant accounts < Amended by Presidential Decree No. 21014, Nov. 21, 2008; Presidential Decree No. 21014, Nov. 29, 2008; Presidential Decree No. 21124, Nov. 29, 2008; Presidential Decree No. 21134, Dec. 29, 2008; Presidential Decree No. 21347, Jan. 22, 2009; Presidential Decree No. 21302, Feb. 12, 2009; Presidential Decree No. 21425, Apr. 14, 2009>