(영문) 서울행정법원 2018.11.8. 선고 2018구합3868 판결

The defendant shall revoke a disposition of suspension from office for three months against the plaintiff on February 19, 2008 by the president of B University.

Reasons

We examine the legitimacy of the instant lawsuit.

Unless otherwise specifically provided for in other Acts, a revocation suit shall be the defendant (Article 13(1) of the Administrative Litigation Act). However, while seeking the revocation of a disciplinary action against the plaintiff by the president of B University, the plaintiff sought revocation of the said disciplinary action against the defendant who is not the president of B University, the plaintiff clearly revealed that he/she had no intent to rectify the defendant by disclosing that he/she was the defendant through a written petition of June 8, 2018, with regard to a presiding judge’s order to make a statement on his/her opinion. Accordingly, the lawsuit in this case is unlawful as it is against a non-qualified person, and there is no way to revise the defect.

Even if the instant lawsuit is not a revocation lawsuit, but a so-called performance lawsuit that orders the Defendant, an administrative agency, to actively engage in a certain act, insofar as a performance lawsuit under the current Administrative Litigation Act is not allowed (see Supreme Court Decision 91Nu4126, Feb. 11, 1992). The instant lawsuit is also unlawful.

Thus, since the lawsuit of this case is an inappropriate lawsuit and its defects cannot be corrected, it is decided to dismiss it without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act. It is so decided as per Disposition.