2015Nu67245 A Action to seek confirmation of invalidity of the decision of a victim

1. B

2. C

3. D;

4. E.

5. F;

6. G.

7. H;

8. I

9. J;

10. K;

11, L

12. M;

13.N

A truth-Finding and Restoration of Honor of Victims

Seoul Administrative Court Decision 2014Guhap74473 decided November 12, 2015

April 1, 2016

June 17, 2016

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim

In accordance with the Special Act on the Finding the Truth of the State of A and the Restoration of Honor of Victims, the judgment confirming that the disposition that the Defendant decided to be a victim on the date stated in the list of victims of the judgment of the first instance as the victim is invalid.

Purport of appeal

Of the judgment of the court of first instance, the part of the lawsuit by the plaintiffs corresponding to the following confirmation as invalid is revoked. The judgment confirming that the disposition that the defendant decided as a victim is invalid on the date indicated on the date indicated on the date of determination as the victim, among the list of victims attached to the judgment of first instance, pursuant to the Special Act on the Inspection of the Truth of the State and Restoration of Honor of Victims.

1. Quotation of the first instance judgment

The reasoning for the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment by this court as stated in paragraph (2) of this Article, and therefore, it is cited by the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act

2. The further determination by this Court is made.

A. The plaintiffs' assertion

With respect to the claim for confirmation of invalidity of the instant case filed by the Plaintiff as a ground for appeal, the Plaintiffs asserts that the fundamental rights, the basic principles of the Constitution, and the interests with protection values are included in legal interests rather than blocking the possibility of judicial review by narrowly interpreting the legal interests of the Plaintiff, and thus expanding the rights protection of citizens and the control of the legality of administration is consistent with the principles of the rule of law as well as the national identity directed at the Republic of Korea. In this respect, Plaintiffs B, C, D, E, F, G, H, and I are entitled to seek confirmation of invalidity of the instant case as the bereaved family members of the victims.

B. Determination

The term "person who has legal interest in seeking confirmation of the validity or existence of a disposition, etc." under Article 35 of the Administrative Litigation Act means a person who is likely to infringe or inevitably infringe on his/her rights or legal interests protected by the relevant disposition. In cases where administrative laws and regulations, which have prescribed the relevant disposition, are not limited to resolving the specific interests of many and unspecified persons entirely in general public interest, and are interpreted to include the protection of individual interests belonging thereto, such interests also constitute legally protected interests. A person who is likely to infringe or inevitably infringe on such disposition, shall be standing to sue in a lawsuit seeking confirmation of the relevant administrative disposition (see, e.g., Supreme Court Decisions 94Nu14230, Jun. 30, 1995; 2003Du2175, Aug. 16, 2004; 2006Du330, Mar. 16, 2006).

In determining the existence of benefits protected by law against a third party who is not the other party to an administrative disposition, the purport and purpose of the relevant statute and the nature of the benefits to be considered in the relevant disposition should be considered not only based on the language and text of the relevant statute, but also on the basis of the relevant statute and the nature of the benefits to be considered in light of the purport and purpose of the relevant statute. In light of the purport and purpose of the relevant statute and the relevant law, if any, the purport and purpose should be taken into consideration; and in considering the contents and nature of the relevant benefits, the nature and content of the benefits infringed

However, the above assertion by the plaintiffs in this court is not different from the contents of the plaintiffs already asserted in the first instance court. However, even if both the evidence submitted in the first instance court and the evidence submitted in this court (B-5) based on the above legal principle, it is justified in the first instance court's determination that the plaintiffs' assertion is rejected and there is no legal interest in seeking nullification of the disposition in this case.

3. Conclusion

Therefore, the judgment of the court of first instance that all of the plaintiffs' lawsuits were dismissed is just, and the plaintiffs' appeal is dismissed without merit, and the costs of appeal are assessed against the losing plaintiffs.

For the same judge of the presiding judge;

Judges Singing on Board

For the purpose of judge sex impulse