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(영문) 서울고등법원 2019.12.20. 선고 2019누47843 판결
부작위위법확인등
Cases

2019Nu47843 Confirmation, etc. of illegality of omission

Plaintiff Appellant

A

Defendant Elives

1. Korea;

2. The Minister of Public Administration;

The first instance judgment

Seoul Administrative Court Decision 2018Guhap1299 decided June 5, 2019

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

December 20, 2019

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance is revoked. The defendants confirm the omission and influence of the defendants, the defendants compensate for damages caused by omission and influence, and take disciplinary action against persons in charge of omission and influence.

Reasons

1. Quotation of the first instance judgment

The reasoning of this court's reasoning is the same as that of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Thus, since the lawsuit of this case is an inappropriate lawsuit and it is impossible to correct its defects, the judgment of the court of first instance shall be dismissed in its entirety. Since the judgment of the court of first instance is just in its conclusion, the plaintiff's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition

Judges

The presiding judge, the Korea Judge Judge;

Judges Dokwon Line

Judges Sung-ju

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