beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that the notice issued by the Army Headquarters personnel management division on May 27, 201 stated the date of death in B as the date of September 7, 1950, but the guidelines for the disposal of missing persons before June 25, 200.1 were to be stated as the date of death in action. Thus, the above disposition contrary thereto is unlawful, and it is asserted that it is sought as stated in the purport of the claim.
2. Determination on the legitimacy of a lawsuit
A. Even if the Plaintiff’s above assertion is mediated by the revocation of the Defendant’s Disposition on the Date of Death in Action against B, Article 20 of the Administrative Litigation Act provides that “A revocation lawsuit shall be instituted within 90 days from the date on which the disposition, etc. is known, and no lawsuit shall be instituted after the lapse of one year from the date on which the disposition, etc. is taken.” The Plaintiff’s above claim is sought to revoke the disposition on the date of death in action, which was conducted before May 27, 2011, and it is apparent in the record that the lawsuit of this case was instituted on April 27, 2016 after one year from the date on which the above disposition was taken. Thus, the Plaintiff’s above lawsuit is unlawful.
B. Even if the Plaintiff’s above assertion is deemed to be a lawsuit on January 1, 190, the date of the transfer of the Plaintiff’s claim is deemed to be a litigation, Articles 3 and 4 of the Administrative Litigation Act do not provide for an administrative agency’s action for performance of obligations against a disposition, etc. or omission as an administrative litigation, and thus, a lawsuit for performance of obligations against a disposition, etc. or omission by an administrative agency is not allowed under the current law (see, e.g., Supreme Court Decisions 91Nu4126, Feb. 11, 1992; 87Nu868, Sept. 12, 1989). The instant lawsuit constitutes an administrative agency’s action for performance of obligations against a disposition, etc.
3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.