1. The instant lawsuit shall be dismissed.

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

Basic Facts

The Plaintiff filed a motion for challenge on July 30, 2019, which was after the pleading was concluded as the Defendant of Seoul Southern District Court 2019No244 case (hereinafter “instant criminal case”). On July 30, 2019, the Plaintiff filed a motion for challenge on the grounds that it is difficult to expect a fair trial against all of the full bench in charge

On July 30, 2019, the Seoul Southern District Court (2019 early 1048) dismissed the above motion for challenge on the ground that “No objective circumstance exists that makes it difficult to expect the impartiality of the trial to the relevant judge solely on the grounds asserted by the Plaintiff, and there is no objective circumstance that it is reasonable to acknowledge that the judge in charge will make an unfair trial in relation to the case.”

On October 11, 2019, the Plaintiff re-appealed against this, and the Supreme Court (2019Mo2382) dismissed the Plaintiff’s re-appeal.

On July 31, 2019, the full bench in charge of the instant criminal case rendered a decision to dismiss the Plaintiff’s request for release on bail (2019 early 97). On August 1, 2019, the full bench sent a writ of summons to the Plaintiff that the Plaintiff would appear in the court on the date of pronouncement of the instant criminal case. On August 2, 2019, the lower court sentenced the instant criminal case on August 2, 2019, and made a decision to renew the detention period against the Plaintiff on the same day.

[Ground of recognition] The issue of whether a certain act of the administrative agency that judged the legitimacy of the lawsuit of this case stated in Gap evidence 1 through 5 can be subject to appeal litigation cannot be determined abstractly or generally. In a concrete case, an administrative disposition is a law enforcement with respect to specific facts conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people. In mind, the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and the disadvantage suffered by the interested parties such as the other party, and the principle of rule of law administration, and the relevant act.