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(영문) 서울고법 1974. 5. 14. 선고 73구435 제1특별부판결 : 상고
[정치어업불면허처분등취소소원재결무효확인청구사건][고집1974특,448]
Main Issues

Whether or not to institute an administrative litigation against the adjudication on the institute

Summary of Judgment

Where a ruling to dismiss a source of lawsuit is made as a result of filing a lawsuit against an administrative disposition, the above ruling shall not be subject to administrative litigation except as otherwise provided for in Acts.

[Reference Provisions]

Article 1 of the Administrative Litigation Act

Plaintiff

Plaintiff

Defendant

The Commissioner of the Fisheries Agency

Text

The plaintiff's lawsuit of this case shall be dismissed.

Litigation costs shall be borne by the plaintiff.

Purport of claim

The judgment of the court below that the part of the court below's ruling on the minimum source of lawsuit, such as non-permission for political fishery business of the non-party on November 30, 1973, "the cause of the lawsuit is revoked by No. 1134 of the political fishery business license disposed of to the non-party 2 and confirmed that the part of the court below'

Reasons

The plaintiff filed a lawsuit against the plaintiff et al. against the plaintiff et al. on March 13, 1973 on the ground of the non-party's non-permission for fishery business of the above non-party and the non-permission for fishery business of the plaintiff et al. against the non-party et al. on three grounds of the non-party's lawsuit. The defendant cited it as of November 30, 1973 and accepted it as of March 13, 1973, "the cause of the lawsuit is a non-permission for fishery business of the plaintiff et al. as of March 13, 1973 and the non-party et al.'s non-permission for fishery business of the non-party et al. as of the non-party et al.'s non-permission for the non-permission for fishery business of the non-party et al. and the non-party et al.'s non-party et al.'s non-permission for a new disposition of the non-party et al. should be justified.

Therefore, the plaintiff's lawsuit of this case shall be dismissed if it is not necessary to determine the merits, and it is decided as per Disposition by applying Article 14 of the Administrative Litigation Act and Article 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Han Man-han (Presiding Judge)

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