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(영문) 서울행정법원 2020.11.12 2020구합75279
뇌성마비걸린장애인새끼들
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Part of the instant lawsuit seeking restoration from the electronic litigation account cancellation

A. Even if a third party, who is not the party directly to the relevant administrative disposition, is not the other party to the relevant administrative disposition, if the interests protected by the law are infringed by the relevant administrative disposition, a revocation suit shall be instituted and

The term “legal interests” refers to cases where there are individual, direct and specific interests protected by the relevant laws and regulations and relevant laws and regulations. This does not include cases where a person has factual and economic interests, such as general and indirect interests commonly held by the general public as a result of the protection of public interests (see, e.g., Supreme Court Decision 2012Du19496, 19502, Jul. 23, 2015).

Even if a specific determination is made, it is evident that the Plaintiff is not a party to the aforesaid disposition even if the Plaintiff had the ability to be a non-corporate body, etc. and the Defendant Court Administration revoked the registration of the user of the electronic litigation system against B and C

Even if examining the Act on the Use, etc. of Electronic Documents in Civil Litigation, etc., which is the basis of the above disposition, and the rules on the use, etc. of electronic documents in civil litigation, it is difficult to view the above disposition as having relation to the Plaintiff’s direct and specific interests protected by the relevant laws and regulations, and even if the above disposition is revoked, it is merely that B may continue to use the electronic litigation system, and thus, it is reasonable to view the Plaintiff’s interest in relation

Ultimately, since the legal interest to seek revocation of the above disposition is not recognized, standing to sue shall not be recognized.

Therefore, the above part of the lawsuit of this case is unlawful.

2. The purport of the complaint concerning the cancellation of commission or illegality of omission among the lawsuits in this case is one of the requisite descriptions of the complaint.

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