(영문) 서울행정법원 2013.10.25. 선고 2013구합19059 판결

B. (1) On February 12, 2008, 18, and 25 of the same month, the Plaintiff filed a civil petition with the Sungnam City Mayor stating that “The Plaintiff filed a civil petition for removal because it is not only used only for the training of swimming competitions and swimming players, but also has water quality, such as generating scamblings, and it interferes with swimming.” As to the civil petition filed by the Sungnam City on February 12, 2008, and on February 18, 2008, “The Plaintiff would take measures to review the actual state of mobile scambling, which is easy to clean, to the relevant department.” The Plaintiff did not receive replies on the ground that it was a three-dimensional general civil petition on February 25, 2008 pursuant to Article 21 of the Enforcement Decree of the “Civil Petitions Treatment Act,” and thereafter, the Plaintiff filed a civil petition with the same Mayor on July 21, 2019.

(2) On December 28, 2012, the Plaintiff filed a civil petition with the Ministry of Culture, Sports and Tourism that “the removal of a water level adjustment plate” at the Sports Promotion and Sports Promotion of the Ministry of Culture, Sports and Tourism. On January 2, 2013, the Plaintiff sent a reply that “water level adjustment plate is necessary to prevent accidents,” from changing the course of study, and “the use of a string strings without a water level adjustment plate,” from the Promotion of Sports of the Ministry of Culture, Sports and Tourism, which received civil complaints from the Ministry of Culture, Sports and Tourism.

C. From March 13, 2008 to June 20, 2013, the Plaintiff filed a civil petition against the Defendant regarding the removal of counterfeited scambling plates over 28 times. The Plaintiff received a transfer or termination reply from the Defendant as shown in the attached list of civil petitions.

On June 19, 2013, the Plaintiff filed the same civil petition with the Defendant, and on July 8, 2013, the Defendant submitted the same civil petition at least three times to the Defendant and completed the same civil petition.” (hereinafter referred to as “instant civil petition”).

[Ground of recognition] Evidence Nos. 1 through 9, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The plaintiff's assertion

Since the civil petition is not repeatedly filed three times, the civil petition of this case is unlawful.

3. Whether the lawsuit of this case is legitimate

A. The defendant's assertion

The removal of a counterfeited plate is a matter under the jurisdiction of Sungnam-si, and the civil petition of this case is a notification of fact or concept and is not subject to an appeal litigation. Thus, the lawsuit of this case is unlawful.

(b) Related statutes;

It is as shown in the attached Table related statutes.

C. Determination

Administrative disposition refers to an act of an administrative agency under public law that directly affects the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with regard to a specific matter, or giving rise to other legal effects, and an act that does not directly change the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and de facto notification, etc. inside the administrative agency, may not be subject to appeal litigation (see Supreme Court Decision 96Nu6202 delivered on July 10, 1998).

In the health of this case, the civil petition of this case is terminated on the ground that the civil petition of this case is "the same civil petition" (see Supreme Court Decisions 91Nu4195 delivered on August 9, 191; 81Nu37 delivered on July 27, 1982). This does not cause a direct legal change in the plaintiff's legal status, and thus, the cancellation of the civil petition of this case cannot be claimed.

4. Conclusion

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.