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(영문) 서울행정법원 2015.06.11 2015구합3324
원자력안전위원임명무효확인청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant appointed K as a member of the Nuclear Safety and Security Commission around June 5, 2014.

B. On February 27, 2015, the Nuclear Safety and Security Commission deliberated and resolved on the agenda to permit continuous operation of LAW M by 2022 with respect to which the design lifespan (30 years) has expired, and two of the members at that time retired, and seven of the members including K including K participated in the resolution.

C. The remaining plaintiffs except the plaintiff Environmental Campaign Association are residents living in the vicinity of LAS and the plaintiff Environmental Campaign Association is a non-governmental organization that performs an environmental movement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 4, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Although the grounds for disqualification under Article 10(1)5 of the Act on the Establishment and Operation of the Nuclear Safety and Security Commission (hereinafter “original illegality”), K’s assertion as to December 14, 2010 to November 10, 201 as a member of the Korea Water and Atomic Energy New Site Selection Committee, the disposition that the Defendant appointed K as a member of the Nuclear Safety and Security Commission is null and void because of serious apparent defects, and the Plaintiffs are entitled to have standing to seek nullification as follows.

1) The plaintiffs have the right to enjoy personal rights, right to life, and right to enjoy a comfortable and pleasant life, which are directly protected pursuant to Articles 10 and 35 of the Constitution of the Republic of Korea. In addition, the plaintiffs are standing to sue since they violate the original illegality of appointment disposition and the right to physical life, which are directly protected pursuant to Articles 69 and 70 of the State Public Officials Act and the Civil Procedure Act.

B. The defendant's assertion that the plaintiff does not have standing to sue since there is no legal interest in seeking confirmation of invalidity of the appointment disposition of this case.

(c) Related Acts and subordinate statutes: as shown in the Appendix;

Judgment

1. Direct protection under the Constitution.

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