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(영문) 서울고등법원 2019.12.19 2019누53558
행정소송
Text

1.The Court shall dismiss the remainder of the claim for payment of money, among lawsuits to be exchangedly changed.

Reasons

1. According to Article 2(1)1, Article 3 subparag. 1, and Article 4 subparag. 1 of the Administrative Litigation Act, the subject matter of a suit seeking revocation as to a suit that changed exchange in this court shall be “the exercise of public authority or any other similar administrative action as to specific facts by an administrative agency” and Article 8(2) of the Administrative Litigation Act and Article 249(1) of the Civil Procedure Act, the purport and cause of the claim shall be stated in the complaint.

In administrative litigation, the purport and cause of the claim shall be specified in the complaint in order to specify the subject matter of lawsuit and the scope of the trial of the court, to determine whether the period for filing the lawsuit is observed, and whether the claim is appropriate, so that the contents and scope thereof may be clearly identified

However, even when examining both the Plaintiff’s complaint, brief submitted from the first instance court to this court, and the purport of the claim and appeal as modified by this court, it cannot specify the disposition that the Plaintiff seeks as the object of an appeal litigation, and it cannot be specified whether the Plaintiff seeks revocation of the disposition or seeking revocation of the disposition, and even if seeking confirmation of the illegality status of illegal safety certification, it is difficult to view that such appeal is permissible under the Administrative Litigation Act.

In addition, examining the application for change of the purport of the claim and the purport of appeal submitted by the Plaintiff to this court after the correction order of September 4, 2018 and the judgment of the first instance court after the judgment of the first instance court, it cannot be deemed that the aforementioned unspecified defects can be corrected again.

Although the Plaintiff is seeking payment of KRW 50,000 against the Defendant, the Plaintiff is also seeking payment of KRW 50,000,000 to the head of the administrative agency or the head of the administrative agency who is the subject of the appeal litigation. However, even if the legal grounds for receiving direct payment are unclear, the Plaintiff’s submission of the evidence Nos. 1 through 19

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