2019Nu35352 Revocation of dismissal of application for payment of consolation money, etc.

A

Attorney Park Jin-jin (Attorney Park Jae-jin, Counsel for the defendant-appellant)

Minister of Public Administration

Seoul Administrative Court Decision 2018Guhap111 decided January 18, 2019

August 23, 2019

September 27, 2019

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

In the first instance judgment, the decision is revoked. In the first instance judgment, the defendant's decision to dismiss the application for payment of consolation money, etc., which was made on March 26, 2015 and October 16, 2015 against the plaintiff, is confirmed to be null and void. In the first instance, the decision to dismiss the application for payment of consolation money, etc., made by the defendant against the plaintiff on October 16, 2015 shall be revoked.

1. The reasons for the reversal of the reasons for the judgment of the court of first instance are as follows: (a) it shall not be deemed that the “not to report” of the 12th judgment of the court of first instance shall not be deemed to have been made; and (b) it shall not be deemed that a confession in the court has been made; and (c) it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, with the exception that the “this court” of the 22th judgment shall be “court

2. Conclusion

Therefore, the part of the conjunctive claim in this case is unlawful and dismissed, and the plaintiff's primary claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, appointed judge;

Judges Lee Jae-chul

Judges Kim Gin-han