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(영문) 서울행정법원 2020.08.14 2020구합56056
업무방해
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

the Gu office shall be located.

Reasons

1. Under the Administrative Litigation Act as to the legitimacy of the lawsuit in this case, the administrative litigation which recognizes only the litigation for confirmation of illegality of omission and seeks the performance or confirmation of the duty of commission cannot be permitted.

(See Supreme Court Decision 2001Da15828, 15835, 15842 delivered on February 13, 2004, etc.). The Plaintiff is seeking to kill and dismiss a specific person against the Defendants, and the Plaintiff is not allowed under the Administrative Litigation Act, as it constitutes a lawsuit seeking performance of a duty.

2. In conclusion, since the Plaintiff’s lawsuit against the Defendants is all unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices on the bench without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.

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