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(영문) 서울행정법원 2016.01.14 2015구합10407

부작위위법행위취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff's obstruction of performance of official duties (Seoul Central District Prosecutors' Office No. 2007No. 147047) was charged with obstruction of performance of official duties (Seoul Central District Prosecutors' Office No. 2007. 22:50 on Dec. 9, 2007), and the defendant appealed from the Seoul Central District Court on the criminal facts that "the defendant appealed 1, Jung-gu, Seoul, Jung-gu, 52, 52, 1 obstructed the legitimate execution of official duties by harming the victim E, who is a police officer belonging to D police station, by cutting down the left side shoulder of D police officers belonging to D police station, on the upper part of the underground stairs of the New World department department department No. 52, 2007, 1. 2). However, the plaintiff appealed from the above court on Jan. 30, 200, by asserting that "the plaintiff exceeded the underpass stairs of the E, but did not appeal to the Seoul Central District Court on Feb. 29, 2009.

(Supreme Court Decision 2009Do6615). B.

On January 2, 2008, the Plaintiff: (i) neglected to perform his duties in a way that he did not immediately dispatch to the site; (ii) neglected to perform his duties as a police officer in a way that he did not immediately dispatch to the site; (iii) neglected to perform his duties in a way that he did not immediately dispatch to the site at around 23:15 on the same day; and (iv) neglected to perform his duties as a police officer on the ground that he left the stairs to explain conditions of the site; (iv) went to another entrance; and (v) went to a different entrance; and (v) again cut to the right-hand of the stairs, and (v) failed to take safety measures on December 22, 2007:40; and (v) failed to take corrective measures on December 22, 2007.