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(영문) 서울행정법원 2019.08.27 2019구합3520
기타(교육)
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The so-called “performance of obligations” that orders an administrative agency to actively engage in a certain act is not allowed (see, e.g., Supreme Court Decisions 87Nu868, Sept. 12, 1989; 91Nu4126, Feb. 11, 1992). The Plaintiffs seek to the Defendant to delete the contents of the Elementary Textbook G Text from elementary school in 2018 and the contents of the 253-256 pages against B and thieves. As such, the Plaintiffs cannot file a petition for an administrative litigation because they constitute a litigation for performance of obligations.

Therefore, since all of the plaintiffs' lawsuits in this case are unlawful lawsuits that cannot be corrected, it is so decided as per Disposition by the Supreme Court Decision 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act to dismiss all of them without holding any pleadings.

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