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(영문) 서울행정법원 2016.01.29 2015구합1960
기타(조정결정서에대한명확한유권해석이행)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts are significant in this Court:

On January 29, 2005, the Plaintiff submitted the instant complaint to the instant court, but did not affix revenue stamps.

B. On February 4, 2015, the presiding judge issued an order of correction to the effect that “a payment of stamp, etc. within seven days from the date of delivery of the order” (hereinafter “instant order of correction”) and the Plaintiff received the instant order of correction on the same day.

C. On February 10, 2015, the Plaintiff filed an application for legal aid with respect to recognition, etc. (Seoul Administrative Court 2015ia385), but the decision of dismissal on May 21, 2015 was served on the Plaintiff on May 29, 2015.

The Plaintiff appealed and filed an immediate appeal on June 1, 2015 (Seoul High Court 2015do1197), but the decision dismissing the appeal on June 25, 2015 was served on the Plaintiff on July 3, 2015.

The Plaintiff appealed and re-appealed on July 6, 2015 (Supreme Court Decision 2015Da582). Accordingly, the decision of dismissal on October 6, 2015 was served on the Plaintiff on October 15, 2015, and the said decision of dismissal became final and conclusive on May 21, 2015.

On March 31, 2015, the Plaintiff filed an application for a legal aid with respect to the stamp, etc. (Seoul Administrative Court 2015ia795), but the decision of dismissal made on May 21, 2015 was served on the Plaintiff on May 29, 2015.

The Plaintiff appealed and filed an immediate appeal on June 1, 2015 (Seoul High Court 2015do1200), but the decision dismissing the appeal on June 23, 2015 was served on the Plaintiff on July 3, 2015.

The Plaintiff appealed and re-appealed on July 6, 2015 (Supreme Court Decision 2015Da565), but the decision of dismissal on October 6, 2015 was served on the Plaintiff on October 15, 2015, and the said decision of dismissal became final and conclusive on May 21, 2015.

E. Meanwhile, the duplicate of the instant complaint was served on February 3, 2015 to the Governor of the Financial Supervisory Service, and on February 9, 2015 to the Defendant Republic of Korea respectively.

2. Whether the lawsuit of this case is lawful

A. Article 8(2) of the Administrative Litigation Act, Article 8(2) of the Civil Procedure Act.

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