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(영문) 서울행정법원 2020.11.12 2019재구합204
정보공개거부처분취소 등
Text

1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of the review shall be borne by the plaintiff.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are recognized by records or are remarkable in this court:

On December 13, 2017, the Plaintiffs filed a lawsuit against the Defendants (attached Form) seeking a judgment, such as the purport of the claim.

On July 25, 2019, this Court rendered a judgment dismissing all of the above lawsuits without holding any pleadings.

B. The Plaintiffs appealed against the foregoing judgment on August 14, 2019, but the appeal was withdrawn on October 17, 2019, and the said judgment became final and conclusive around that time.

2. Summary of the plaintiffs' assertion

A. Article 451(1)5 of the Civil Procedure Act provides that the full bench of a case subject to a retrial shall be ordered to serve a public notice on March 9, 2018, March 15, 2018, and May 11, 2018, thereby hindering the Plaintiffs from submitting the means of attack and defense that may affect the judgment. In the judgment subject to a retrial, the lower court erred by failing to indicate a written judgment in violation of Article 208(2) of the Civil Procedure Act.

B. The grounds for retrial under Article 451(1)10 of the Civil Procedure Act excluded the judgment on all the allegations by the Plaintiffs, which affect the judgment, and did not follow the litigation procedures under the Civil Procedure Act. Although the Defendants did not submit a written reply or submit a written reply to the confession of the facts constituting the cause of the claim, the judgment was rendered without holding any pleadings under Article 257(1) and (2) of the Civil Procedure Act.

Furthermore, the judgment on the motion to challenge judges, junior administrative officers, etc. should be decided by the collegiate panel but violated this.

3. Determination

A. As to the grounds for retrial under Article 451(1)5 of the Civil Procedure Act, Article 451(2) of the Civil Procedure Act provides, “The grounds for retrial shall be reviewed only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive on the act subject to punishment in the case of paragraph (1) 4 through 7, or when a final and conclusive judgment of conviction or a fine for negligence

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