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(영문) 전주지방법원 2016.05.20 2015나4163
위자료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On August 14, 2014, the Plaintiff filed an administrative appeal against the President of the Korea Consumption Institute, and sent the written appeal (hereinafter “instant written appeal”) to the Korea Consumer Agency by facsimile.

B. On October 10, 2014, the Plaintiff requested the Korea Consumer Agency to disclose information, such as documents indicating the progress of the appeal.

2. Receipt and progress of a written request for administrative appeal - The details of receipt of the written request for administrative appeal - The fax error received on August 14, 2014 (no details in a white state): On August 14, 2014, the progress of the process: The request for re-transmission to the phone number confirmed as erroneous after confirming the details of receipt was not received, and the contact was attempted several times thereafter, but not connected.

C. On October 20, 2014, the Korea Consumer Agency notified the Plaintiff of the decision to disclose the decision approved by the Defendant, who is the head of the planning and coordination office of the Korea Consumer Agency (hereinafter “instant notification”). Of the disclosure contents, the part related to the instant case is as follows.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion 1) The employees of the Korea Consumer Agency, including the Defendant, have the duty to comply with the law as public officials. As such, the Defendant violated Article 24(1) of the Administrative Appeals Act, even if they send a written reply to the instant written appeal to the Administrative Appeals Commission within 10 days pursuant to Article 24(1) of the same Act. (2) The Korea Consumer Agency asserted that “the written appeal received was in blank and did not contact the Plaintiff for re-transmission.” However, on August 14, 2014, the Plaintiff sent the instant written appeal to the Korea Consumer Agency and received the said written appeal from the employees C of the Korea Consumer Agency around the same day.

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