부작위위법확인
1. All of the lawsuits and applications for quasi-deliberation of this case shall be dismissed.
2. The costs of review (including quasi-examination) shall be included.
The plaintiff (hereinafter "the plaintiff") asserts that there are grounds for retrial under Article 8 (2) of the Administrative Litigation Act, Articles 451 (1) 9 and 461 of the Civil Procedure Act, and Article 8 (1) of the decision subject to retrial and decision subject to quasi-deliberation.
However, the exercise of the right to trial is regulated by the principle of trust and good faith in order to protect the other party and secure judicial functions.
Unless there are special circumstances, it is permissible to re-examine the same contents of a petition for retrial on the ground that it is obvious that the court cannot accept it by law even though it rejected and confirmed the petition for retrial on several occasions due to the same reason, as it abuse the right of action,
(See Supreme Court Decision 98Reda275 delivered on May 28, 199, etc.). According to the record, even if the Plaintiff had already filed a request for retrial on several occasions for the same or similar reasons, and received the judgment of rejection or dismissal, the Plaintiff is aware of the fact that the rejection was based on the grounds for retrial and the application for quasi-examination of the retrial of this case.
Thus, the petition for retrial and quasi-deliberation of this case are unlawful lawsuits that abuse the right of lawsuit, and it is not possible to revise the defects.
Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, all of the lawsuits of this case and applications for quasi-deliberation without oral proceedings shall be dismissed.