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(영문) 서울행정법원 2014.07.18 2013구합24693
행정부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In filing the instant lawsuit, the Plaintiff stated in the complaint the purport of “it is erroneous in disclosing the Plaintiff’s claim for disclosure of information by each ministry of the Republic of Korea,” and asserted in the cause of the claim that “the Plaintiff asked the Defendant several times by making inquiries, but is not well aware of it, and the relevant department did not perform its duty and did not interfere with the Plaintiff’s claim for disclosure of information.”

Accordingly, on November 11, 2013, the court ordered the Plaintiff to prepare for clarification that ① the purport of the claim is unclear, and ② specifically reveal the cause of the claim.

Although the Plaintiff submitted a preparatory document on November 19, 2013 regarding the above order to prepare for tin, the Plaintiff did not supplement the purport of the claim or the cause of the claim as shown in the attached Form, and the same likewise applies to the preparatory document dated December 27, 2013.

In addition, on January 9, 2014, the Plaintiff asserted that “The instant lawsuit is a litigation for confirmation of illegality in the legislative omission, a litigation for confirmation of illegality in the legislative omission, and a litigation for confirmation of unconstitutional legislative omission.”

On February 27, 2014, this Court issued an order to clarify the purport of the claim that is sought by the instant lawsuit and to clarify the assertion and facts as the cause of the claim.

In the legal brief dated March 6, 2014, the Plaintiff stated that it would not modify the purport of the claim, and that it would be “administrative legislation omission.”

Accordingly, this Court ordered the Plaintiff, May 16, 2014, to clarify the purport of the claim and the cause of the claim by May 30, 2014.

As above, the plaintiff does not clarify the purport of the claim and the cause of the claim despite the correction of this court's several times of correction and the order of preparation for explanation.

Ultimately, the instant lawsuit cannot be seen as having been sought by the Plaintiff in this court.

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