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(영문) 서울행정법원 2020.11.27 2020구합83331
2020동처 4
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Administrative litigation is a lawsuit involving a dispute under public law related to administration, that is, an administrative case, which is classified into an appeal litigation, a party litigation, a civil suit and an agency litigation (Article 3 of the Administrative Litigation Act). Of these lawsuits, a revocation suit as an appeal litigation is a lawsuit seeking a revocation of a disposition against an administrative agency (the exercise or refusal of public power as an enforcement of law with regard to specific facts by an administrative agency, and other similar administrative actions and rulings on administrative appeals).

(Article 4 subparag. 1 of the Administrative Litigation Act. A judgment as a judicial action by a court, which is a judicial institution, has a judgment, decision and order, which can only be contested by an appeal, etc., which is an independent means of objection. It is distinguishable from dispositions, etc. by an administrative agency, which is an administrative agency, and is not subject to administrative litigation. The “victim protection order and no access order” for which the plaintiff seeks cancellation is stipulated under Article 5-2(1) of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (in the case of the victim’s dwelling, etc., prohibition of access from the victim’s dwelling, etc., prohibition of access from the victim’s dwelling, etc., restriction on the exercise of parental authority over the victim). This does not constitute judicial action under Article 55(2) of the

Therefore, since the lawsuit of this case is unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices, in accordance with Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.

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