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(영문) 서울행정법원 2016.01.29 2015구합1878
부당행위처벌
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 2015ia381), 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, 2005 (Seoul High Court 2015do1195), but the decision dismissing the appeal on August 26, 2015 was served on the Plaintiff on August 31, 2015.

On September 3, 2015, the Plaintiff filed a reappeal on September 3, 2015 (Supreme Court Decision 2015Da609). However, on November 3, 2015, the decision of dismissal on the non-exclusive trial of November 3, 2015 was served on the Plaintiff on November 5, 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 2015ia792), 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 2015do1199), but the decision dismissing the appeal on June 17, 2015 was served on the Plaintiff on June 19, 2015.

The Plaintiff appealed and re-appealed on June 24, 2015 (Supreme Court Decision 2015Da549). However, on October 13, 2015, the decision to dismiss the non-compliance of the trial as of October 23, 2015 was served on the Plaintiff on October 23, 2015, and the decision to dismiss the trial as of May 21, 2015 became final and conclusive.

E. The plaintiff is above D.

On October 27, 2015, after receipt of a decision to dismiss the non-trial trial as described in the paragraph, the applicant again filed a lawsuit on the stamp, etc. (Seoul Administrative Court 2015ia2724), but it was dated December 23, 2015.

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