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(영문) 서울고등법원 2020.05.22 2019누54728
부작위위법확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

The judgment of the first instance rejected the instant lawsuit without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, on the ground that the instant lawsuit falls under a case in which the defects are inappropriate and cannot be corrected.

The plaintiff appealed against the judgment of the court of first instance, and the court of first instance rejected the lawsuit in this case without providing a legal aid to the plaintiff, despite the plaintiff's written amendment, it is unlawful, and there is an error of law such as incomplete hearing and misunderstanding of legal principles.

According to the records of this case, it is recognized that the lawsuit of this case is unlawful and cannot be corrected. The plaintiff cannot be deemed to meet the requirements for litigation aid.

Article 219 of the Civil Procedure Act provides that it is not desirable in terms of litigation and economic aspects to hold and examine pleadings even in cases where the requirements for lawsuit are defective and it is impossible to correct them.

Therefore, as long as the lawsuit of this case is unlawful and its defects cannot be corrected, the plaintiff's appeal is dismissed without holding any pleadings. It is so decided as per Disposition.

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