부작위위법확인
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
office shall be located in the Gu.
Whether the instant lawsuit is lawful
A. In a lawsuit for confirmation of illegality of omission under Article 4 subparagraph 3 of the Administrative Litigation Act (Article 1) of the part of the claim for confirmation of illegality of omission (Article 1) where a party does not have any legal or logical right to require an administrative agency to perform any administrative act, the lawsuit for confirmation of illegality of omission is unlawful (see, e.g., Supreme Court Decisions 97Nu17568, Dec. 7, 1999; 99Du11455, Feb. 25, 2000). In a case where the party does not have any legal or logical right to demand the payment of compensation to the persons of distinguished services to the national independence, it is difficult to find the legal basis for the plaintiff to demand the payment of compensation to the Defendants, and there is no ground to view that such right is recognized under the sound reasoning.
B. The part of a claim for monetary payment (Article 2) 1 of the Administrative Litigation Act requires that the consolidation of related claims under Articles 38 and 10 of the same Act be lawful. Thus, in a case where the original appeal litigation is dismissed on the grounds that it is unlawful, the combined claim should be dismissed as not being appropriate to satisfy the requirements for the lawsuit (see Supreme Court Decision 2000Du697, Nov. 27, 2001). The ground for this part of the claim appears to be the claim for damages due to the omission, etc. by the Defendants asserted by the Plaintiff. As seen earlier, since the part of the claim for confirmation of illegality of omission in the lawsuit in this case is illegal and dismissed, this part of the claims by the relevant petitioners also lack the requirements for the lawsuit.
2. As the Plaintiff’s lawsuit against the Defendants is unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices, in accordance with Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.