1. The plaintiff's claim is dismissed.

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

On September 12, 2014, the prosecutor B of the previous District Prosecutors' Office, prior to the disposition of suspending indictment on the plaintiff, was subject to a disposition of suspending indictment (hereinafter "disposition suspending indictment of this case") under the former District Prosecutors' Office No. 2014-type 18238 on the suspected facts that the plaintiff committed assault against the victim C on May 12, 2014.

On October 1, 2014, the Plaintiff filed an administrative appeal seeking revocation of the disposition of the suspension of indictment on the ground that it is unreasonable for the Plaintiff to take the disposition of the suspension of indictment on the ground that it is unreasonable for the Plaintiff to be a victim of unilaterally assaulted by C.

On December 31, 2014, the Defendant rendered a ruling dismissing the above claim on the ground that the disposition of suspending indictment was not a disposition subject to administrative appeal (hereinafter “instant ruling”).

[Grounds for Recognition] Since the Plaintiff’s assertion without dispute and the Plaintiff’s assertion of determination did not assault C, the suspension of indictment of this case against the Plaintiff is unlawful.

Therefore, the defendant should accept the plaintiff's administrative appeal claim seeking the cancellation of the suspension of indictment of this case, but the decision of this case is dismissed. This is a case where there is an error in the contents of the decision itself, so the decision of this case must be revoked.

Judgment

Article 19 of the Administrative Litigation Act provides that a litigation for revocation shall be subject to the original disposition of an administrative agency (the original disposition principle): Provided, That a litigation for revocation shall also be subject to a litigation for revocation, in the case of a litigation for revocation of adjudication, and in the case of a litigation for revocation of adjudication, whether the adjudication itself has an inherent illegality or not, and in the case of a litigation for revocation of adjudication, the litigation for revocation of adjudication shall be dismissed regardless of whether the original disposition is proper.

(see, e.g., Supreme Court Decision 93Nu16901, Jan. 25, 1994). Meanwhile, Administrative Litigation Act is an administrative litigation.