The application for intervention by an independent party intervenor shall be dismissed.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit.

1. The application for intervention by the independent party intervenor as to participation by the independent party intervenor is without any evidence to be deemed by the Minister of National Court Administration or his/her representative, and it seems that B (C) was in light of its name.

If the request for intervention in B is the purport of representing the Minister of Court Administration, it is unlawful as it does not have a legitimate representative as seen earlier.

Even if the B himself applied for intervention as an independent party, this is inappropriate as it does not meet the requirements of Article 8(2) of the Administrative Litigation Act and Article 79(1) of the Civil Procedure Act, and thus, the said independent party’s application is dismissed

2. Determination as to the principal lawsuit

A. As in civil litigation, an administrative litigation may also be filed by a person with the party capacity. Since there is no evidence to acknowledge that the “A president” recorded by the Plaintiff has the party capacity, such as a corporation or a non-corporate body, the lawsuit in this case is unlawful as it is filed by a person without the party

B. The Plaintiff specified the type of the instant lawsuit as a public lawsuit. When the State or a public organization committed an act in violation of the law, a public lawsuit is brought to seek correction without direct relation with his/her legal interests (Article 3 subparag. 3 of the Administrative Litigation Act). A public lawsuit may be brought only against a person prescribed by the Act, in cases where the Act prescribes.

(Article 45 of the Administrative Litigation Act). Even based on the purport of the claim of this case itself, there is no ground to deem that the Plaintiff’s claim of this case does not meet the above requirements for a civil suit and does not constitute a case permissible by law. Thus, the instant lawsuit is unlawful as it does not meet the requirements for a civil suit.

C. For the foregoing reasons, the instant lawsuit is unlawful and its defects cannot be corrected, and thus, it is dismissed without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.

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