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(영문) 서울행정법원 2019.02.27 2018구합65927
정보공개거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Where it is deemed necessary to provide a security for litigation costs, such as when a claim is clearly groundless based on the written complaint, briefs and other records of trial, the court may order the plaintiff to provide a security for litigation costs ex officio (Article 8(2) of the Administrative Litigation Act, Article 117(2) and (1) of the Civil Procedure Act), and when the plaintiff fails to provide such security within the period for providing the security, the court may dismiss the lawsuit by its judgment

(2) Article 8(2) of the Administrative Litigation Act, the main sentence of Article 124 of the Civil Procedure Act). In light of the Plaintiff’s complaint, brief, and other records of trial, this court rendered on August 23, 2018, the Plaintiff issued an order to provide the Plaintiff with the cost of lawsuit that “the Plaintiff shall deposit KRW 13.2 million within 14 days from the date of receiving the notification of this order as security for the costs of lawsuit.” The Plaintiff appealed with Seoul High Court Decision 2018Na1450 after receiving the notification of the above order, but the court dismissed the Plaintiff’s appeal on September 19, 2018. The Plaintiff re-appealed by the Supreme Court Decision 2018No932, Jan. 22, 2019; the court dismissed the Plaintiff’s reappeal on January 22, 2019, for which this court’s order to provide litigation costs became final and conclusive; the Plaintiff’s failure to provide security for the costs of lawsuit to the present.

Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 124 of the Civil Procedure Act, the instant lawsuit shall be dismissed without oral proceedings and it is so decided as per Disposition.

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