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(영문) 창원지방법원 2019.07.04 2019구합86
형사사건의집행중지
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 27, 2018, the Plaintiff reported to B police stations that C, a police officer belonging to B police stations, engaged in sexual traffic, and revoked the said report.

B. On January 3, 2019, C filed an accusation against the Plaintiff at the Changwon District Prosecutors’ Office.

C. On January 4, 2019, the Defendant accepted the instant accusation case under the Head Office District Prosecutors’ Office 2019 type No. 681.

(hereinafter referred to as “instant acceptance”) . [Ground of recognition] without dispute, Gap 1-3, and the purport of the entire pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination on this safety defense

A. As to the Plaintiff’s claim to revoke the instant repair claimed by the parties, the Defendant asserted that the instant repair is not subject to administrative litigation, since there is a procedure and method to contest the criminal case within the criminal procedure.

B. Determination 1) Whether an administrative agency’s act can be a subject of appeal cannot be determined abstractly and generally. According to a specific case, an administrative disposition is an enforcement of law with respect to a specific fact by an administrative agency as the subject of public authority, which directly affects the rights and obligations of the people. In view of the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, substantial relation between the act and disadvantage suffered by interested parties such as the other party, etc., and the purpose of the administrative litigation system and the protection of the rights and interests of the people through the judicial authority, etc. (see, e.g., Supreme Court Decision 2014Du2362, Oct. 29, 2015). 2), a complaint constitutes an expression of intent to seek punishment for a criminal by reporting a criminal fact to an investigation agency.

Cases at all levels, subject to the delegation of Article 11 of the Prosecutors' Office Act.

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