국고 환수
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
We examine the legitimacy of the instant lawsuit ex officio.
In the part of a claim for removal (Paragraph 2 of the purport of the claim), the administrative litigation that only recognizes the illegality of omission and seeks the performance or confirmation of the duty of action shall not be permitted for the omission of an administrative agency under the
(See Supreme Court Decision 2001Da15828, 15835, 15842 delivered on February 13, 2004). The Plaintiff is seeking to dismiss the Defendants from office. The Plaintiff is not allowed under the Administrative Litigation Act because it constitutes a lawsuit seeking the performance of the duty to act.
Among the lawsuit of this case, the part of the claim against the above Defendants is unlawful.
In a lawsuit pertaining to legal relations under public law, such as restitution of unjust enrichment, etc. against the defendant, the Commissioner General of the National Police Agency, and the part of a claim for monetary payment (Article 1 and 3 of the purport of the claim), an administrative agency may only become the defendant (Articles 13 and 38 of the Administrative Litigation Act), and in a lawsuit pertaining to legal relations under public law, such as revocation or invalidation, etc. of so-called “disposition, etc.” (Articles 13 and 38 of the Administrative Litigation Act), and disposition, etc. by an administrative agency, only the State, a public organization, and the subject of other rights (Article 39 of the Administrative Litigation Act) shall be the defendant (Article 39 of the Administrative Litigation Act). However, the part against the defendant, the Commissioner of the National Police Agency, upon the plaintiff’s request, recovering money such as unjust enrichment, embezzlement, etc. against the National Treasury, or seeking monetary payment against the plaintiff shall not be a litigation litigation as to the performance of the payment obligation
Also, the part of the claim for restitution of unjust enrichment against Defendant 1, the administrative agency of the instant lawsuit, and the Commissioner General of the National Police Agency is unlawful as it is not allowed.
The defendant against Korea.