1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B;

ex officio, we examine the legitimacy of the instant lawsuit.

In a lawsuit to which the State is a party, the Minister of Justice represents the State, and the Minister of Justice may designate an employee of the Ministry of Justice, a public prosecutor of each level of public prosecutor's office, or a public-service advocate as prescribed by the Public-Service Advocates Act to perform the State litigation, and if deemed necessary for the State litigation concerning the duties or supervision of an administrative agency, he may, after hearing the opinion of the head of the administrative agency concerned, appoint an employee of the administrative agency and have him

(See Articles 2 and 3 of the Act on Litigation to Which the State is a Party. However, there is no evidence to acknowledge that B, the Plaintiff’s agent, was designated or appointed for the execution of the instant lawsuit by the Minister of Justice, and rather, according to the record, B is the agent of the Plaintiff Republic of Korea by abusing his authority to file the instant lawsuit. As such, the instant lawsuit is unlawful as it was brought by a person without the power of representation.

Thus, it is reasonable to deem that the lawsuit of this case is an inappropriate lawsuit and it is not possible to correct the defects. Thus, the lawsuit of this case is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act, and the lawsuit costs are borne by B, the agent who conducted the lawsuit, pursuant to Articles 108 and 107 (2) of the Civil Procedure Act. It is so decided as per Disposition