주특기 기재
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
First, the purport of the claim sought by the plaintiff is unlawful because it does not specify the disposition agency, disposal date, etc. specifically.
Next, it is interpreted that the Plaintiff seeks against the Defendant “to change the main speciality from among the Plaintiff’s military register certificate to the military malicious disease,” and it is bound that this constitutes a performance lawsuit against the Defendant, who is an administrative agency, to order the Defendant to actively conduct a certain act.
However, Article 3 of the Administrative Litigation Act, which provides the type of administrative litigation, does not stipulate a performance lawsuit as its type, and it does not recognize a performance lawsuit seeking performance of administrative disposition (see, e.g., Supreme Court Decision 91Nu4126, Feb. 11, 1992). Accordingly, the instant lawsuit is dismissed by judgment on the ground that there is no legal basis.