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(영문) 서울행정법원 2018.05.18 2016구합51252
형사사건 재심청구를 민원처리
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. On September 18, 2014, the Plaintiff filed a complaint against B and C with assault, etc., and the prosecutor in charge of the Seoul Western District Prosecutor’s Office rendered a non-prosecution disposition against B and C, who was suspected of having committed such offense.

(Seoul Western District Prosecutors' Office 2014 type 17252).(b)

The Plaintiff, who was dissatisfied with the decision of non-prosecution, filed an appeal with the Seoul High Prosecutors' Office, but was dismissed on November 18, 2014 (Seoul High Prosecutors' Office 2014 High Prosecutors' Office and 11566), and filed an application for the ruling with the Seoul High Court, but was dismissed on March 2, 2015.

(Seoul High Court 2014 Seocho 5297). C.

On May 8, 2015, the Plaintiff submitted a re-appeal to the Seoul Western District Prosecutors' Office to the purport that the immediate appeal was filed. The Plaintiff’s right to appeal was extinguished after the lapse of the appeal period if the employees in charge of the above prosecutor’s office send the above re-appeal to the Seoul High Court for the Plaintiff, and the Seoul High Court rendered a decision to dismiss the immediate appeal on the ground that the reappeal was filed after the right to appeal was extinguished.

The Plaintiff re-appealed to the Supreme Court on July 17, 2015, but the said decision became final and conclusive upon the ruling of dismissal of the re-appeal.

(Supreme Court Decision 2015Mo1378). E.

On October 13, 2015, the Plaintiff filed a claim against the Seoul Western District Public Prosecutor's Office and the Seoul High Public Prosecutor's Office for Appeal on the grounds that the immediate appeal was dismissed due to the lapse of the filing period. The employee of the Seoul Western Public Prosecutor's Office in charge of the Seoul Western Public Prosecutor's Office submitted the said reappeal to the Seoul High Public Prosecutor's Office and filed an administrative appeal with the Seoul Western Public Prosecutor's Office to the effect that the “statement” prepared for the Plaintiff is deemed the disposition of the administrative agency, but the Seoul High Public Prosecutor'

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