1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On March 24, 2014, the Plaintiff filed a civil petition with the Minister of Patriots and Veterans Affairs on August 17, 2009, and the Board of Patriots and Veterans, other than the Minister of Patriots and Veterans Affairs, applied again on March 13, 2014, to the Minister of Patriots and Veterans Affairs for notification of the result of the treatment of civil petitions filed on August 17, 2009, but the Minister of Patriots and Veterans Affairs responded to the Plaintiff’s internal settlement on the ground that there was no additional response other than the details already returned on March 19, 2014, the Minister of Patriots and Veterans Affairs concluded the civil petition. The Plaintiff asserted that “this violates Article 15 of the Act on the Treatment of Civil Petitions,” and filed an administrative appeal with the Defendant seeking response against the Plaintiff on March 13, 2014.

(hereinafter “instant request for administrative appeal”). On October 24, 2014, the Defendant notified the Plaintiff that the deliberation on the instant administrative appeal was held on November 4, 2014, and deliberated and decided on the instant administrative appeal on November 4, 2014, which was after the closing of argument in the first instance trial, and served a written ruling on the Plaintiff on November 10, 2014, and the Plaintiff received the Defendant’s written ruling on November 12, 2014.

[Grounds for recognition] The Plaintiff’s assertion that the Plaintiff filed the instant administrative appeal against the Defendant on March 24, 2014, regarding the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the entire pleadings, was legitimate. However, the Defendant did not review the instant administrative appeal by October 30, 2014, which was more than six months thereafter, and did not serve a written ruling on the Plaintiff. This is unlawful in violation of Articles 45 and 48 of the Administrative Appeals Act.

Judgment

A lawsuit for confirmation of illegality of omission shall require an administrative agency to take a passive disposition, such as affirmative action citing, rejecting, or rejecting, etc. a request based on a citizen's legal or sound right within a reasonable period.