(영문) 서울행정법원 2020.8.13. 선고 2020구합55435 판결

1. The defendants shall not interfere with the duties of inducing the implementation of loans only by delaying the scholarship with the Korea Student Aid Foundation.

2. The Defendants jointly pay KRW 150,000,000 to the Plaintiff.

Reasons

1. Whether the lawsuit of this case is legitimate

A. Under the Administrative Litigation Act, a claim seeking omission is an unlawful lawsuit for which an administrative agency is not allowed to make a certain disposition (see, e.g., Supreme Court Decision 2003Du11988, May 25, 2006).

The Plaintiff seeks not to interfere with the work of the Defendants under Paragraph (1) of the purport of the claim. This constitutes a lawsuit seeking an omission by an administrative agency and thus is not allowed under the Administrative Litigation Act.

Therefore, the part regarding the claim(1) of the instant lawsuit is unlawful.

B. The consolidation of related claim lawsuits under Articles 38 and 10 of the Administrative Litigation Act, which require the consolidation of the original appeal lawsuits to be lawful, so in a case where the original appeal litigation is dismissed in an unlawful manner, the relevant combined claim shall also be dismissed as inappropriate to satisfy the requirements for the lawsuit (see Supreme Court Decision 2000Du697, Nov. 27, 2001).

Although the grounds for the Plaintiff’s claim are not clearly understood, it appears to be a lawsuit seeking state compensation or damages due to the Defendants’ act, which constitutes a civil lawsuit. However, as long as a lawsuit against the Defendants’ claim No. 1 is unlawful, the lawsuit against the Defendants’ claim is unlawful.

2. Conclusion

Thus, since the plaintiff's lawsuit against the defendants in this case is all unlawful and it is not possible to correct the defects, it is so decided as per Disposition with 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.