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(영문) 서울행정법원 2018.09.06 2018구합1428
부작위위법확인 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

In an administrative litigation, the purport of the claim shall be clearly identified so that its contents and scope can be clearly identified. Since it is a matter to be examined ex officio, where the purport of the claim is not specified, the court shall order the correction ex officio, regardless of whether the defendant raises an objection, and if the defendant does not comply therewith, the court shall dismiss

(see, e.g., Supreme Court Decisions 80Da2904, Sept. 8, 1981; 2007Da5069, Oct. 9, 2008). The Plaintiff stated in the complaint that the contents and scope of the claim cannot be clearly identified as above, and the Plaintiff did not comply with the Plaintiff’s request within the designated period, even though this court ordered the Plaintiff to specify the purport of the claim.

Therefore, in accordance with Article 8(2) of the Administrative Litigation Act and Article 254(2) and (1) of the Civil Procedure Act, an order to dismiss a complaint shall be issued, but since the complaint was served on the defendant and the lawsuit was pending, it is so decided as per Disposition by a judgment.

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