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1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by A who is represented by the legal representative of the plaintiff.
agency.
Reasons
1. We examine, ex officio, whether the instant lawsuit is lawful or not.
Article 2 of the Act on Litigation to Which the State is a Party (hereinafter referred to as the “State Litigation”) provides that “The Minister of Justice shall represent the State in a lawsuit to which the State is a Party or an intervenor,” and Article 3(1) of the same Act provides that “The Minister of Justice may designate an employee of the Ministry of Justice, a public prosecutor of the prosecutor’s office of each level (hereinafter referred to as “public prosecutor”) or a public-service advocate as prescribed by the Public-Service Advocates Act (hereinafter referred to as “public-service advocate”) and have him/her conduct the State Litigation,” and Article 2(2) of the same Act provides that “The Minister of Justice may, if deemed necessary for the State litigation concerning the duties or supervision of an administrative agency, designate an employee of the administrative
The fact that A, who is represented by the legal representative of the plaintiff, is not an employee of the Ministry of Justice, a public prosecutor, a public-service advocate, or an administrative agency which is the litigation performer, is significant in this court, and therefore A has no authority to file a lawsuit
Paragraph (2) of the purport of the claim is a content that can not be claimed in a civil procedure by stating that “the defendant shall be dispatched to a special unit to the defendant to kill him by death and extinguish him/her by general slaughter, and the person related to the defendant shall also be equally disposed of.”
If the plaintiff's "lick person" expressed in the plaintiff's complaint is a deceased person, the plaintiff's lawsuit against the deceased person is not unlawful in light of the basic principles of the Civil Procedure Act demanding the rescue of the plaintiff and the defendant.
2. As such, the instant lawsuit is unlawful and its defects cannot be corrected. Thus, it is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act, and the costs of lawsuit are assessed against the Plaintiff pursuant to Articles 108 and 107(2) of the Civil Procedure Act.