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(영문) 대전고등법원 2017.05.25 2016누13265
행정부작위 위법확인
Text

1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

Reasons

1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The term "administrative disposition which is the object of an appeal litigation" means an act under the public law of an administrative agency, which causes direct change in the legal status of the other party or other persons concerned, such as ordering the establishment of rights or the burden of obligations under Acts and subordinate statutes, or giving rise to other legal effects on a specific matter, and any act which does not directly change the legal status of the other party or other persons concerned, such as notification of the fact, response to questions about the interpretation

However, as seen earlier, the instant reply merely gives an answer to questions about the time when the provisions of the Army on the preservation of compulsory records, such as beds, were implemented in relation to the preservation of the Plaintiff’s medical records, and it is difficult to view the Plaintiff’s direct change in the Plaintiff’s specific rights and duties as an administrative disposition subject to appeal litigation

Therefore, the lawsuit in this case is unlawful as it has no eligibility.

Even if the response of this case is subject to an administrative disposition, as seen earlier, the response of this case was presented to the Defendant’s response to December 28, 1952 regarding the time when the provision of the Army on the preservation of compulsory records, such as beds, was implemented, and according to the overall purport of the statement and oral argument as to the preservation of compulsory records, the “patient Records and Report Regulations (Rules 40-2 of the Army Regulations)” was enacted on December 28, 1952.

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