재결처분취소 청구의 소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. Of the total costs of litigation, the Plaintiff and the Defendant.
The relevant part of the grounds for the judgment of the court of first instance shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The Defendant joining the Defendant asserts that the Defendant’s Defendant’s Defendant asserted that there was no benefit in filing a lawsuit seeking revocation of the instant decision, as the Plaintiff’s “Fagly Gagly Gagly Fagin,” which was manufactured by the Plaintiff, was re-designated as a drug equivalence test counter-convenor during the instant litigation process.
As to this, the Plaintiff, as an intervenor of the instant judgment, has a legal right as a procedural right to correct the illegality of the instant judgment, and as a participant of the instant judgment, filed a separate administrative appeal seeking revocation of the instant medicine again designated the instant medicine as a major treaty for drug equivalence test. As such, the Plaintiff asserted that the re-designation of the Alternative Treaty for Drug equivalence Test cannot be seen as completely resolving the infringement of the Plaintiff’s rights and interests.
Judgment
A lawsuit seeking the cancellation of an illegal administrative disposition shall restore to its original state by removing an illegal state caused by the illegal disposition, and protect and relieve the rights and interests infringed or interfered with the disposition. Thus, there is no benefit to seek the cancellation of the disposition if the infringement of rights and interests is terminated due to the circumstances after the disposition.
I would like to say.
(see, e.g., Supreme Court Decision 2004Du4369, May 13, 2005). Na Nos. 6-1 and 2-2, the Minister of Food and Drug Safety may recognize the fact that the Minister of Food and Drug Safety, under Article 3-2(5) of the Drug equivalence Test Standards (Public Notice of the Ministry of Food and Drug Safety) publicly announced that the instant medicine was re-designated as a substitute treaty on the drug drug ingredients pursuant to Article 3-2(5) of the Food and Drug Safety Notice No. 2017-412, Nov. 16, 2017.
The ruling of this case is in this case.