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(영문) 춘천지방법원 2018.06.19 2017구합51554
분류처우개선 신청 거부처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

If an administrative disposition of this case is revoked as to the legitimacy of the lawsuit of this case, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(See Supreme Court Decision 2017Du38621 Decided June 29, 2017, etc.). Ex officio, according to the overall purport of the pleadings, the Defendant may recognize the fact that the Defendant rendered a disposition to revoke the designation of an organized violent inmate against the Plaintiff on May 29, 2018, when the lawsuit is pending in this court. As such, the instant lawsuit is seeking revocation of a disposition that has not already been extinguished, and thus, became unlawful as there was no interest in the lawsuit.

In conclusion, the lawsuit of this case is unlawful, and thus, it is dismissed. However, pursuant to Article 32 of the Administrative Litigation Act, the litigation cost is assessed against the defendant. It is so decided as per Disposition.

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