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Cases
2011Guhap22761 Demanding revocation or re-investigation as a result of handling reports on violations of the Labor Standards Act
Plaintiff
A
Defendant
The head of the Seoul Regional Employment and Labor Office Seoul East Site
Conclusion of Pleadings
November 30, 2011
Imposition of Judgment
December 9, 2011
Text
1. The instant lawsuit was concluded on September 23, 201 as the withdrawal of the lawsuit. On September 23, 201, the litigation costs incurred after the completion of the lawsuit are assessed against the Plaintiff.
Purport of claim
The defendant, on January 21, 2010, shall cancel the processing results of the reported case filed by the plaintiff on May 25, 2009 and re-examine the case.
Reasons
According to the records of this case, the plaintiff submitted a complaint against the defendant on July 18, 201 against this court seeking cancellation of the processing results of the reported case and re-audit. The above complaint was served on the defendant on July 27, 201 of the same month, the defendant submitted a written answer to the effect that the lawsuit of this case is unlawful on the ground that it is not an administrative disposition, and the fact that the plaintiff stated that the lawsuit of this case was withdrawn on September 23, 201 and on the first date for pleading.
Article 266(3) of the Civil Procedure Act provides that a written form in which a lawsuit is taken may be made orally on the date of pleading, and pursuant to Article 266(2) of the same Act, the consent of the other party is not required unless the other party has submitted a preparatory document or made a pleading on the merits of the case. In this case, the Plaintiff stated that the lawsuit in this case was withdrawn on September 23, 201, and the Defendant submitted a written answer containing only the principal safety defense to the effect that the lawsuit in this case is unlawful, as seen above, and therefore, the lawsuit in this case was lawfully terminated on the date of pleading.
Therefore, the declaration of termination of a lawsuit is made and it is decided as per Disposition.
Judges
the presiding judge and deputy judge
Judges Yang Yang-ju
Judges Lee Jae-in