대한민국당 사무총장 파면
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.
ex officio deemed.
1. Of the instant lawsuits, the Plaintiff asserts that this part of the lawsuit is a civil suit based on Article 3 subparag. 3 of the Administrative Litigation Act. However, Article 45 of the Administrative Litigation Act provides that a civil suit may be instituted only by the person provided for in the Act, and there is no legal basis that the Plaintiff may bring a civil suit with the content of the claim.
Therefore, this part of the lawsuit is unlawful without requiring further review as a form of lawsuit that is not allowed.
2. The consolidation of related claims under Articles 38 and 10 of the Administrative Litigation Act, among the lawsuits of this case, requires that the consolidation of lawsuits related to a claim under Article 38 and 10 of the same Act is lawful, and thus, in a case where an original appeal litigation is dismissed in an unlawful manner, the relevant combined claims shall also be dismissed as not being appropriate to satisfy the requirements for the lawsuit (see Supreme Court Decision 2000Du697, Nov. 27, 2001). Such a legal principle likewise applies to a case where a claim related to a civil lawsuit, which applies mutatis mutandis to an appeal litigation under Article 46 of the Administrative Litigation Act, is combined.
Although the cause of the claim is not clear, this part of the lawsuit is a claim for damages related to the correction of the violation sought under paragraph (1) of the claim, which constitutes a consolidation of the lawsuit under paragraph (1) of the same Article. As long as the lawsuit under paragraph (1) is illegal, this part of the lawsuit joined is also unlawful.
3. In conclusion, since the plaintiff's lawsuit of this case against the defendants is all unlawful and thus its defects cannot be corrected, it is decided to dismiss all of the lawsuits without pleading pursuant to Article 8 (2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act. It is so decided as per Disposition.