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(영문) 전주지방법원 2018.08.09 2017가합4644
경력증명서 수정
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Ex officio, determination as to the legitimacy of the suit, the suit for confirmation is not allowed to be subject to the present specific rights or legal relations, except in the case of a suit for confirmation of the authenticity of the deed, and simply seek confirmation of facts.

In this case, the work experience for which the plaintiff seeks confirmation is merely a simple fact-finding issue in the past, not a specific issue of rights or legal relations.

Furthermore, if the Plaintiff, a public educational official, files a lawsuit seeking the revocation of such disposition where the Plaintiff’s work experience was omitted in the course of promotion, and the Plaintiff, a public educational official, files a lawsuit seeking the revocation of such disposition, it shall be judged as a premise fact about the Plaintiff’s work experience, which is the same issue as the instant claim for confirmation, and

Therefore, the plaintiff's lawsuit of this case cannot be viewed as a subject of confirmation.

2. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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