logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.04.02 2014구합64155
종묘배향공신조천위복원절차부작위위법확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are clans as non-corporate groups.

나. 종묘배향공신조천위복원추진위원회 소속 A은 2012. 1. 11. 국민신문고를 거쳐 피고 산하 종묘관리소장에게 종묘(宗廟) 배향공신(配享功臣)[고려 ㆍ조선 시대에 국가에 대한 공로로 종묘에 신주(神主)를 모신 신하를 말한다]의 수, 1964년 제1차 전체유물조사대장이 5대궁 중 종묘만 없는 것인지 여부, 없앴다면 폐기목록대장을 제시하여 달라는 등의 민원을 제기하였다.

C. On January 13, 2012, the head of the seed and seedling management office sent to the above A, stating that “The seed and seedling worship was totaled of 94 pages 83 and 11,000,000,000,000,000 11,000,000,000,000,000,000,000,000,000,000,000,000,000

On May 28, 2013, A filed a civil petition with the same content as the civil petition filed on January 11, 2012 with the Director of the Seed Management Office under the Defendant’s control through the National Examination. On May 31, 2013, the Defendant sent a civil petition reply again on January 13, 2012, which is the data of the reply at the time, on the ground that the same content was already received.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted as the plaintiffs are the clans that organized the Promotion Committee for the Creation and Restoration of the Seed and Aquatic Organisms, and they confirmed that each of the plaintiffs' requests was not carried out in the seeds and seedlings at present, and filed an application for restoration to the defendant. However, the defendant did not restore the seeds and seedlings to the past one year until the past one year.

It is illegal that the defendant's above omission, which is obligated to manage and preserve the cultural heritage and facilities of seeds, is illegal.

B. We examine whether the lawsuit of this case is legitimate, and the plaintiffs' lawsuit of this case is unlawful for the following reasons.

1. First of all, a lawsuit seeking confirmation of illegality of an omission is filed.

arrow