2018Guhap1299 Confirmation, etc. of illegality of omission

A

1. Korea;

2. The Minister of Public Administration;

Pleadings without Oral Proceedings

June 5, 2019

1. The instant lawsuit shall be dismissed.

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

The defendant confirms the omission and non-performance. The defendant shall compensate for the damage caused by the omission and non-performance. The defendant shall take disciplinary action against the person in charge of the omission and non-performance.

In an administrative litigation, the purport of the claim must be clearly identified so that its contents and scope can be clearly identified. Since the issue is whether it is specified, inasmuch as the purport of the claim is not specified, the court shall ex officio order the correction and dismiss the lawsuit if it does not comply with the order (see, e.g., Supreme Court Decisions 80Da2904, Sept. 8, 1981; 2007Da5069, Oct. 9, 2008).

The plaintiff stated in the complaint that the contents and scope of the claim cannot be clearly identified as above, and even though this court ordered the plaintiff to correct the purport of the claim, the plaintiff did not comply with it within the designated period.

Therefore, in accordance with Article 8(2) of the Administrative Litigation Act and Article 254(2) and (1) of the Civil Procedure Act, an order to dismiss a complaint shall be issued, but since a complaint has been served on the Defendants and the lawsuit has been continued, it is so decided as per Disposition by a judgment.

The presiding judge, the fixed number of judges;

Judges Kim Gin-jin

Judges Doodehyde