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(영문) 서울행정법원 2015.09.17 2015구합7791
정직3개월처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

According to the records, on January 29, 2008, the Plaintiff was subject to a three-month disciplinary measure of suspension from office from the president of the Jeonnam National University (hereinafter “Seoul National University”) who worked as a professor of the National University (hereinafter “Seoul National University”), and the Plaintiff’s dismissal decision became final and conclusive on the ground that the Plaintiff filed a suit against the Republic of Korea (Seoul High Court Decisions 2008Guhap3043, Apr. 16, 2009; 2009Nu712, Jul. 9, 2009; 2009Du1399, Nov. 26, 2009; 2009Du1399, Nov. 26, 2009) and then filed a suit against the Republic of Korea, other than the disposition authority, after having filed a suit against the Republic of Korea seeking revocation of the instant disposition, and subsequently filed a suit against the Plaintiff (Seoul High Court Decision 201Du21610, Apr. 21, 201201).

As to this case, we examine this case.

The plaintiff sought revocation of the disposition of this case with the Minister of Education as defendant in this case, but the Minister of Education is not the disposition agency of this case, and thus the lawsuit of this case is unlawful.

On the other hand, since the revocation lawsuit against the president of the Jeonnam University, a disposition agency, has already become final and conclusive in the judgment dismissing the Plaintiff’s claim, and the lawfulness of the instant disposition has res judicata effect, there is no benefit to rectify the Defendant to the president of the Jeonnam University, a disposition agency.

Thus, the lawsuit of this case is unlawful and there is no way to correct its defects. Thus, the lawsuit of this case is in accordance with Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.

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