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(영문) 서울행정법원 2015.11.05 2015구합6644

재항고접수취소및재정신청이행청구

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On April 23, 2014, the Plaintiff accused B, and C as a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Entities), and the Medical Service Act (Seoul Central District Prosecutors’ Office 2014 typed and 36774; hereinafter “instant accusation case”); however, the Seoul Central District Prosecutors’ Office appealed on October 1, 201 against the foregoing B and C’s non-prosecution disposition on October 28, 2014 (hereinafter “instant non-prosecution disposition”).

(Seoul High Prosecutor's Office 2014 High Prosecutor's Office (Seoul High Prosecutor's Office 2014 High Prosecutor's Office 11880). On November 11, 2014, the Seoul High Prosecutor's Office dismissed the above appeal. On November 17, 2014, the Plaintiff prepared an application for adjudication with respect to the Seoul High Prosecutor's Office and submitted it to the Seoul Central Prosecutor's Office. The case of accusation in this case from the person in charge of receipt of the Seoul Central Prosecutor's Office was subject to reappeal, and submitted the said application to the Supreme Prosecutor'

The Supreme Prosecutors' Office dismissed the said reappeal on December 8, 2014.

(The Seoul High Court dismissed the petition on August 10, 2015 (Seoul High Court Decision 2014Hu2823). On June 22, 2015, the Plaintiff filed a reappeal on June 22, 2015, as the Seoul High Court dismissed the petition (Seoul High Court Decision 2014Hu2823).

The Supreme Court dismissed the application on September 17, 2015 (Supreme Court Decision 2015Mo2462) (Supreme Court Decision 2015Mo2462).

[Grounds for recognition] The Plaintiff sought an application for adjudication on November 17, 2014, and the Defendant rejected the Plaintiff’s application for adjudication and received it as a reappeal by compulsory re-appeal, as stated in Gap’s 1, 3, 14 through 19, 21, and Eul’s 1 (including a serial number; hereinafter the same shall apply).

Article 260 of the Criminal Procedure Act concerning the disposition of non-prosecution of this case closely related to the investigation of the instant accusation case (Seoul Central District Prosecutor No. 2014 type 52927).