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(영문) 서울행정법원 2018.06.21 2017구합87869
국가인권위원회 행정심판위원회결정취소
Text

1. On November 20, 2017, the case involving a request for a trial to revoke a decision of dismissal by the National Human Rights Commission against the Plaintiff’s petition.

Reasons

1. Details and details of the ruling;

A. On June 26, 2017, the Plaintiff filed a constitutional complaint against a case in which the Plaintiff alleged perjury or defamation during the investigation and trial on February 26, 2017, with respect to which the Defendant filed a criminal complaint against his/her employees (see, e.g., Supreme Court Decision 201Hun-Ba457, Nov. 30, 2016; 201Hun-Ba457, Nov. 30, 2015; 201Hun-Ba457, Nov. 30, 2015; 2011Hun-Ba44, Nov. 30, 2016; 2016Hun-Ba457, the Ministry of Justice submitted a constitutional complaint to the National Human Rights Commission (see, e.g., Supreme Court Decision 2016Hun-Ba457, Apr. 25, 201).

B. On July 31, 2017, the National Human Rights Commission rejected the instant petition on the ground that “the Plaintiff voluntarily withdrawn the said petition (hereinafter “instant first disposition”) pursuant to Article 32(1)8 of the National Human Rights Commission Act (hereinafter “the Act”), and dismissed the instant petition on the ground that “the instant petition is not subject to submission of opinions under Article 28(2) of the Act, and is not subject to the Commission’s investigation,” pursuant to Article 32(1)1 of the Act, on the ground that “the details of the petition are not subject to the Commission’s investigation.”

(hereinafter “instant Disposition 2”). C.

On August 17, 2017, the Plaintiff appealed to the instant disposition Nos. 1 and 2, and filed an administrative appeal with the Defendant. D.

The defendant's rejection based on Article 32 (1) 8 of the Act is illegal because it is difficult to see that the plaintiff clearly expressed his/her intention to withdraw the petition of this case (1) on November 20, 2017.

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