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(영문) 서울고등법원 2019.04.18 2018누68843
탈세,부패신고 민원처리의무 거부처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between the three-party 10 lines and 11 lines in the judgment of the court of first instance:

According to Article 13(1) of the Administrative Litigation Act, the administrative agency that has rendered the disposition, etc. shall be the defendant, unless otherwise specifically provided for in other Acts. The following is added to the three-dimensional 14 of the reasoning of the judgment of the first instance.

“The Plaintiff asserts that the Chairman of the Board of Audit and Inspection shall be a co-defendant of the instant suit on the ground that the Chairman of the Board of Audit and Inspection may immediately commence an investigation without going through a review procedure by the Board of Audit and Inspection, and that the Chairman of the Board of Audit and Inspection may hold an efficient and economic trial. However, the foregoing circumstances are not considered in determining the eligibility for the Defendant, and therefore the Plaintiffs’ assertion cannot be accepted.”

2. Conclusion, the judgment of the first instance is justifiable, and the plaintiffs' appeal is dismissed as all of the grounds are groundless.

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