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(영문) 대법원 2017.12.13 2017재두270

재임용제외처분무효확인및재임용재심사

Text

The action for retrial shall be dismissed.

The costs of re-adjudications are included in the part resulting from the supplementary participation.

Reasons

Inasmuch as the instant lawsuit for retrial is inappropriate as it constitutes an abuse of the right of action, the lawsuit for retrial is dismissed, and the costs of retrial are assessed against the losing party, including the part arising from the participation in the appeal. It is so decided as per Disposition by the assent of all participating