logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.10.16 2019누57475
부작위위법확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. If so, the lawsuit of this case is unlawful and its defect cannot be corrected. Thus, it must be dismissed.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

[2] Article 8(2) of the Administrative Litigation Act provides that the provisions of the Civil Procedure Act shall apply mutatis mutandis to the administrative litigation unless otherwise provided for in the Administrative Litigation Act. The Civil Procedure Act provides that “if an action is unlawful and its defects cannot be corrected, the action may be dismissed by judgment without holding any pleadings” (Article 219). The above provisions are located in Part II (Procedure for First Instance), not in Part II (Procedure for First Instance), and may also apply to an appellate court under the system thereof. Further, separate from the above provisions, the Civil Procedure Act provides that “if an appeal is unlawful and its defects cannot be corrected, the appeal may be dismissed by judgment without holding any pleadings” (Article 413). This is a separate provision in the appellate court taking into account that the requirements for appeal should also be met, in addition to the requirements for appeal (Article 413). Accordingly, the appellate court shall dismiss the lawsuit without holding any pleadings, on the ground that it is improper and the defects cannot be corrected as in this case, and it may be dismissed by applying Article 8(2)19 of the Administrative Litigation Act without holding any pleadings.

arrow