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(영문) 서울행정법원 2019.03.28 2017구합4550

감사요청사항 종결처분 통지 취소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Case history

A. On January 6, 2017, the Plaintiff: (a) received a written public notice from the Chairman of the Financial Services Commission and seven public officials, etc. on June 22, 2010, which was decided by the 18th National Assembly Secretariat of the Republic of Korea on June 22, 2010, regarding the petition review demands for damages caused by the omission of a financial dispute conciliation agency; (b) did not process it; and (c) made a false public document and exercised it with respect to the Plaintiff’s claim for damages amounting to KRW 5.36 billion; and (d) made a request for an audit (hereinafter “instant request for audit”).

B. On February 22, 2017, the Defendant: (a) investigated the instant audit request; (b) deliberated on the Plaintiff on June 22, 201 by the 18th National Assembly Secretariat’s petition review subcommittee; (c) however, the said petition has not been resolved at the plenary session or transferred to the Government pursuant to the National Assembly Act; and (d) the petition submitted by the Plaintiff to the National Assembly on February 3, 2015 was destroyed on the expiration of the term of office of the 19th National Assembly and was not transferred to the Government. The Financial Services Commission is not obligated to report the handling of the petition not transferred from the National Assembly. (b) The Financial Services Commission has the power to coordinate the settlement of damages caused by a transaction with an individual financial institution, and the Financial Services Commission is not authorized to take disciplinary action or file a complaint with the Financial Services Commission. Accordingly, the notification of audit request (hereinafter “instant notification”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 4, purport of whole pleadings

2. Judgment on the main defense of this case

A. The defendant's assertion.

참조조문