logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.11.05 2015구합68680
부작위위법확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the legitimacy of the part concerning the claim against the defendant among the instant lawsuit filed by the Minister of Employment and Labor

A. According to the evidence No. 3 of the part seeking the revocation of the rejection of the application for the suspension of the term of validity of the vocational ability development account (on the basis of the evidence No. 3, the Plaintiff applied for the postponement of the internal learning card to the head of the Central Regional Labor Administration and Labor Administration on June 17, 2014, and the head of the Central Labor Administration and Labor Administration and the Plaintiff may recognize the fact that the Plaintiff refused the above application.

Therefore, the defendant of the above rejection disposition shall be the Ministry of Labor and Labor, and the Minister of Employment and Labor does not have the standing to be the defendant, and the part seeking the revocation of the above rejection disposition is unlawful since it is against the non-standing person.

B. The Plaintiff seeking performance of its duties requires that the Minister of Employment and Labor conduct a certain act on the grounds that “the suspension or suspension should be conducted by taking into account the relevant manuals, the weak persons under the provision of the internal learning card, and the difficulties of the unemployed persons.”

However, this is a so-called performance suit that does not fall under the category of administrative litigation as stipulated in Article 3 of the Administrative Litigation Act, and as such, other forms of administrative litigation are not allowed in the interpretation of the current Administrative Litigation Act except as provided in Article 3 of the Administrative Litigation Act (see, e.g., Supreme Court Decision 2001Da15828, Feb. 13, 2004). The part

C. The consolidation of related claims (35 million won) under Article 10 of the Administrative Litigation Act requires that the original appeal litigation be lawful. Thus, in a case where the original appeal litigation is dismissed due to an unlawful nature, the relevant claims joined therein are unlawful, and thus, cannot be dismissed.

Supreme Court Decision 97Nu1990 Decided November 11, 1997 and Supreme Court Decision 27 November 2001

arrow