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(영문) 제주지방법원 2016.09.21 2016구합142
퇴교조치취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. From January 5, 2015, the Plaintiff asserted that he had received the education for the candidate course for new appointment at the National Tax Service Education Center for National Public Officials from January 5, 2015, and the Defendant issued a dismissal measure against the Plaintiff on March 13, 2015 on the ground that the head of a district office of education without permission and the advice for creating unstable for other students (hereinafter “instant disposition”). Since the instant disposition is unlawful, it should be revoked.

2. Determination as to the defendant's defense prior to the merits

A. The defendant has a defense prior to the merits that the lawsuit of this case is filed with the lapse of the period for filing the lawsuit and must be dismissed as it is illegal.

B. In full view of Articles 18(1) and 20(1) of the Administrative Litigation Act, and Article 27(1) of the Administrative Appeals Act, when the method of immediately filing a suit for revocation is chosen with the knowledge of the existence of an administrative disposition, a suit for revocation shall be filed within 90 days from the date on which the administrative disposition becomes known, and when the method of filing a suit for revocation is selected, a suit for revocation shall be filed within 90 days from the date on which the administrative disposition is known, and when the method of filing a claim for an administrative

However, in order to calculate the date of receiving the written adjudication on the administrative appeal as of the date of receiving the written adjudication, the request for the administrative appeal shall be lawful, and in case of illegality, such as a case where 90 days have elapsed from the date of receiving the written adjudication, the period of filing the lawsuit shall not be calculated as of the date of receiving the written adjudication, and the date of knowing the disposition shall be calculated as the period of filing the lawsuit. Thus, in case where a lawsuit for revocation is filed 90 days from the date of knowing

(See Supreme Court Decision 201Du18786 Decided November 24, 2011, etc.). C.

In light of the above legal principles, comprehensively taking account of the health class, Gap evidence No. 1, Eul evidence No. 1 and the purport of the whole pleadings as to the instant case.

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