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(영문) 서울행정법원 2017.06.22 2016구합3840
기타(헌법.형사소송법3원칙의직무상위법행위심판청구소)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the lawsuit;

A. On May 10, 2016, the Plaintiff filed the instant lawsuit with this court without specifying the Defendant. On January 2, 2017, the court issued an order of correction stating that “The Defendant is specified, the subject of administrative litigation or the subject-matter of administrative disposition, are stated, and the purport of the instant lawsuit is clearly identified as an appeal litigation under the Administrative Litigation Act, by specifying the purport of the claim.”

B. On January 25, 2017, the Plaintiff “1. Defendant: the Ministry of Justice;

2. An appeal shall be filed;

(c) On May 19, 2017, the court issued an amendment to the effect that the purport of the claim is amended on June 8, 2017. The Defendant submitted an amendment to the effect that the purport of the claim is amended as stated in the attached Form.

2. Whether the lawsuit in this case is lawful

A. In light of the contents of the Plaintiff’s claim and the written complaint, materials, etc. submitted by the Plaintiff, the Plaintiff was sentenced to imprisonment for a crime of fraud and attempted fraud on March 13, 2014 by the Seoul Southern District Court Decision 2012Da32302013 and 435 (Joint). The judgment became final and conclusive through the appellate court and the final appeal court. The Plaintiff was forced to make confession in the course of investigation and trial as to the above judgment, and was deprived of the opportunity for presentation of arguments and evidence, and thus, was subject to illegal act in the course of performing his/her duties, or sought confirmation of invalidity, and the Plaintiff sought revocation or nullification of the disposition rejecting all copies of the records of the above final judgment and sought confirmation of invalidity.

B. The purport of the judgment plays a role in specifying the subject matter of a lawsuit and the disposition that is the subject matter of a dispute in an administrative litigation, thereby setting the standards for litigation procedures, jurisdiction of the court, scope of the claim, etc. Therefore, if the claim is not specifically specified, it shall be the same.

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