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(영문) 서울행정법원 2015.01.13 2014구합15177
위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Comprehensively taking account of the overall or partial descriptions of evidence A Nos. 1 through 4, the Plaintiff received a civil petition to the Defendant, around February 13, 2014, stating that “The Board of Audit and Inspection shall be responsible for the illegal cases of the Board of Audit and Inspection attached to his/her blogs,” and that the Plaintiff received a civil petition containing the following (hereinafter “instant civil petition”) around March 4, 2014.

Article 15 of the Civil Petitions Treatment Act (including the Board of Audit and Inspection Act) of the Ministry of Audit and Inspection (including the Board of Audit and Inspection) is an administrative case on February 13, 2014, and another civil petition is submitted again. On December 29, 2013, if there is any disagreement with respect to the case of Blololobs, the civil petition requesting the presentation of evidence was concluded without reply on January 14, 2014, and it is judged that there is no disagreement with respect to the case of Blobs. Accordingly, the case attached to Blobs is understood to have been manufacturing and appeal to the people. Since the case is an administrative case of the illegality (Article 15 of the Civil Petitions Treatment Act) of the Ministry of Audit and Inspection (including the Board of Audit and Inspection Act), the person who takes a lawful administrative action and the person who took the illegal administrative action is responsible to the people. The plaintiff is unlawful in failing to respond to the defendant's response to the civil petition of this case by the lawsuit of this case.

However, an administrative agency's action for confirmation of illegality of omission refers to an administrative agency's failure to take a certain disposition within a reasonable period of time despite the existence of a legal obligation to take a certain disposition against a party's request. Since a lawsuit for confirmation of illegality of omission is filed by a person who filed an application for a disposition, an action for confirmation of illegality of omission by an administrative agency's response by the plaintiff must be about a disposition under Article 2 (1) 1 of the Administrative Litigation Act, and Supreme Court Decision 90Nu9391 Decided November 8, 19

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