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(영문) 서울고등법원 2015.09.08 2014누61929
국립묘지안장거부처분취소
Text

1. The plaintiff's assistant intervenor's application for participation shall be dismissed.

2. The plaintiff's appeal is dismissed.

3. The appeal costs.

Reasons

1. In order to intervene in a lawsuit in order to assist one of the parties in a specific case as to whether a request for intervention in the lawsuit is lawful, there must be an interest in the outcome of the lawsuit in question. The term "interest" refers to a legal interest, not a de facto economic or emotional interest, which refers to a case where a judgment on the lawsuit in question is subject to res judicata or executory power, or where a judgment on the lawsuit in question does not directly affect the validity thereof, it refers to the case where the legal status of a person who seeks intervention

(See Supreme Court Decision 2007Du23873 Decided May 29, 2008, etc.). However, the Plaintiff’s Intervenor is only the husband of the Plaintiff, and the effect of the instant lawsuit is effective against the Plaintiff’s Intervenor, or the legal status of the Plaintiff’s Intervenor is determined on the premise of the said judgment.

Therefore, the application for intervention by the Plaintiff’s Intervenor is unlawful because it does not meet the requirements for participation.

2. The reasoning of the court’s explanation concerning this case is as follows, except for the addition of “judgment on the plaintiff’s assertion of the trial,” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, citing the reasoning of the judgment in the first instance.

3. Judgment on the Plaintiff’s assertion of the trial

A. The management regulations of the Plaintiff’s assertion 1208 stipulate that, in principle, excluded the subject matter of a national cemetery from “in a case where a person commits a fraudulent crime”. However, despite the deletion of the above provisions due to the amendment of the management regulations in 2012, the Defendant did not notify or explain to the review committee members prior to the opening of the instant deliberation committee, and accordingly, the instant disposition is taken by the review committee members by applying the management regulations of the year 2008.

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