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(영문) 부산지방법원 2019.10.11 2019구합744
직무유기
Text

1. The instant lawsuit shall be 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 the issue is whether it is specified, inasmuch as the purport of the claim is not specified in the ex officio investigation, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with

(see, e.g., Supreme Court Decision 2007Da5069, Oct. 9, 2008). The Plaintiff stated in the complaint that the contents and scope of the claim cannot be clearly identified as above. Although this court ordered the Plaintiff to make amendments to specify the purport of the claim on July 18, 2019, the Plaintiff did not comply therewith within the designated period.

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 a complaint has been served on the Defendants and the lawsuit has been pending, it is so decided as per Disposition by a judgment to dismiss the instant lawsuit.

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