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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning of the court’s explanation as to this case is that the court’s acceptance and alteration of the judgment of the court of first instance deletes from 1 to 4 10 m/ 10 m. The following facts are as stated in the reasoning of the judgment of the court of first instance, except for addition of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the text of
2. A lawsuit seeking confirmation of illegality of omission in this court's additional determination is to eliminate the passive illegal state, which is called omission or non-compliance with an administrative agency's response promptly by confirming that the omission is illegal if the administrative agency fails to make a certain disposition or ruling within a reasonable period of time despite the legal obligation of the party's request based on the law, and thus, it is permitted when there is no administrative agency's disposition against the party's request. If the administrative agency's refusal disposition against the party's request is deemed to have been made, it is allowed to file a lawsuit seeking revocation against the party's refusal disposition, but it is not allowed to file a lawsuit seeking confirmation of illegality of
(see, e.g., Supreme Court Decisions 90Nu4266, Dec. 11, 1990; 91Nu8807, Sept. 14, 1992). However, according to Articles A5, 6-1, 6-2, and A7, it is recognized that the Defendant sent a document to the effect that the Plaintiff requested a promotion proposal to the Defendant on or around September 24, 2014, sent the document to the effect that the Plaintiff refused the Plaintiff’s demand on October 13, 2014.
Therefore, even if the plaintiff asserts about the above rejection, it is not possible for the plaintiff to file a lawsuit seeking confirmation of illegality of omission under the premise of the defendant's omission.
3. The judgment of the court of first instance, which dismissed the plaintiff's lawsuit as stated in the conclusion, is just, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are against the plaintiff.