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(영문) 서울행정법원 2020.10.07 2020구합55787
업무방해
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Article 3 of the current Administrative Litigation Act divides the type of administrative litigation into an appeal litigation, a party litigation, a civil suit, and an agency litigation. Article 4 of the same Act provides that the type of appeal litigation shall be “a revocation litigation” seeking the revocation or alteration of a disposition, etc. by an administrative agency, “a litigation seeking the revocation or alteration of a disposition, etc. by an administrative agency,” “a litigation seeking confirmation of invalidity, etc.,” and “an action seeking confirmation of illegality of omission,” which confirms that the omission by an administrative agency is illegal. Thus, a lawsuit other than

However, a form of lawsuit, such as the claim stated in paragraph (1), among the lawsuits of this case, cannot be deemed as a type of lawsuit recognized under the Administrative Litigation Act. As long as the part stated in paragraph (1) is unlawful, the part of the claim stated in paragraph (2) of the relevant applicant that was combined with the claim is also unlawful, and it constitutes a case where each of such defects cannot be corrected.

Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, all of the instant lawsuits shall be dismissed without oral proceedings, and it is so decided as per Disposition.

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