1. The instant lawsuit shall be dismissed.

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

Details of the disposition

From March 7, 2007, the Plaintiff retired from office in the Silver Leisure Industry Development Co., Ltd. (hereinafter “Silver”) and applied for recognition of bankruptcy, etc. of the non-party company on December 22, 2014. However, on July 23, 2015, the Defendant rendered a decision not to recognize the above application against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] The plaintiff's lawsuit of this case, prior to the defendant's decision on the whole purport of the pleading, is filed with the lapse of the period for filing the lawsuit. Thus, the plaintiff's lawsuit of this case shall be dismissed as illegal.

Judgment

According to Article 20 (1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date when the existence of a disposition, etc. is known: Provided, That in cases where a request for administrative appeal is possible, the period of time when the request for administrative appeal is made shall be counted from the

Therefore, the plaintiff should have filed an administrative litigation seeking the cancellation of the above disposition within 90 days from the date of receiving the written adjudication on the claim for administrative appeal concerning the disposition of this case.

Comprehensively taking account of the entries in Gap evidence No. 1 and the purport of the entire pleadings, the Central Administrative Appeals Commission may recognize the fact that the plaintiff dismissed the plaintiff's appeal on July 12, 2016, and there is no dispute between the parties concerned as to the fact that the plaintiff received the above written ruling on July 26, 2016. Thus, the lawsuit in this case is unlawful as it was filed on October 25, 2016, which was 90 days after the plaintiff received the above written ruling.

In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.