logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.11.03 2015재구합1025
검찰과 행정심판위원회의 불법작위 및 부작위
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (the plaintiff).

The purport of request for retrial.

Reasons

1. The Plaintiff (hereinafter “Plaintiff”) filed a lawsuit for a retrial against the judgment subject to a retrial, and filed a lawsuit for a retrial against the judgment subject to a retrial, and served on the Plaintiff on January 16, 2015, where the original copy of the judgment subject to a retrial (this Court Decision 2014Guhap65288) was omitted in part of the third part. As to this, the Plaintiff filed an application for correction of judgment on January 21, 2015. On January 30, 2015, the Seoul High Court, which was the appellate court, rejected the appeal on March 27, 2015, and the Supreme Court, which was the reappeal, rejected the Plaintiff’s petition for a retrial on May 30, 2015, and on May 22, 2015, which became final and conclusive, and thus, the Plaintiff’s judgment was unlawful on the ground that the procedure for a retrial was suspended during the period of the Plaintiff’s request for a retrial and its procedure for a retrial.

A lawsuit for retrial against a final and conclusive judgment is permitted only when there are grounds for retrial under Article 451 of the Civil Procedure Act. The grounds asserted by the Plaintiff do not constitute grounds for retrial under each subparagraph of Article 451 of the Civil Procedure Act.

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

arrow