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(영문) 대전지방법원 2015.12.17 2015구합426

훈계처분취소

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1. All of the plaintiff's lawsuits shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was detained on April 29, 2013 and was sentenced to a three-year imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the judgment became final and conclusive on August 28, 2014.

(Effective April 28, 2016). (b) The expiration date of the sentence.

On January 8, 2015, and March 5, 2015, the Defendant issued each decoration to the Plaintiff (hereinafter “each decoration of this case”).

【Ground of recognition】 The fact that there has been no dispute, entry of Nos. 5 and 6, the purport of the whole pleading

2. The plaintiff's summary of the plaintiff's assertion asserts that each of the instant admonitions of the defendant is a deviation or abuse from each discretion in light of all the circumstances even if the grounds exist and even if there are no grounds, the plaintiff's revocation or invalidity is sought.

3. It is as shown in the attached Form of the relevant regulations.

4. Determination as to the defendant's defense prior to the merits

A. The defendant asserts to the effect that each of the instant decorations is unlawful, since there is no legal interest to obtain the revocation or invalidity confirmation.

B. Therefore, in order to recognize the benefit of legal action in the health account and appeal litigation, there must be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act, and if the effective period is determined in the administrative disposition and the validity of the administrative disposition is not suspended, the administrative disposition becomes null and void upon the lapse of the period.

However, the latter part of Article 12 of the Administrative Litigation Act provides that "a person who has legal interest in the cancellation of a disposition, etc. even after the effect of the disposition, etc. is extinguished due to the lapse of a period, the execution of the disposition, etc., or any other cause, may file a lawsuit for cancellation." Thus, even if the effect of the disposition, etc. is already extinguished, a lawsuit for cancellation

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