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(영문) 서울행정법원 2013.11.22. 선고 2011구합32423 판결
정보공개거부처분취소
Cases

2011Guhap32423 Revocation of revocation of refusal to disclose information

Plaintiff

A

Defendant

1. The Chairman of the Board;

2. The Chairperson of the Financial Services Commission;

3. The Minister of Land, Infrastructure and Transport;

Conclusion of Pleadings

November 15, 2013

Imposition of Judgment

November 22, 2013

Text

1. The instant lawsuit was concluded on July 13, 2013 as the withdrawal of the lawsuit.

2. The plaintiff shall bear the costs of lawsuit after the date of application.

Purport of claim

The purport of the Plaintiff’s claim is revoked, as is, the Plaintiff’s claim for the disclosure of information, which was written by the Chairman of the Board of Audit and Inspection of the Republic of Korea on June 2, 201, June 16, 201, June 21, 2011, June 21, 201, and June 29, 201, by the Chairman of the Board of Audit and Inspection of the Republic of Korea (Evidence 6 No. 1-4) against the Plaintiff on June 28, 2011, which was written by the Chairperson of the Financial Services Commission on June 13, 2011 (Evidence 7-3) against the Plaintiff on June 28, 2011, and on May 27, 2011, June 2, 2011 (Evidence 8-1-3), by the Minister of Land, Infrastructure and Transport on July 4, 2011.

Reasons

1. Relevant provisions

The entries in the attached Table shall be as specified in the relevant regulations.

2. Determination

According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, where both parties have been absent or have not present at the date of pleading two times or more, the lawsuit shall be deemed to have been withdrawn if the plaintiff fails to apply for the designation of date within one month from the date of pleading of the second absence.

On September 27, 201, the Plaintiff filed the instant lawsuit on September 27, 201, and reported the place to be served to Dongjak-gu Office B, Seoul. On March 21, 2012, the E police station located in Gangnam-gu, Seoul (civil petition office) was amended on July 2, 2012, and again, revised the place to be served to be served to be F Post Office G on July 2, 2012. This court did not issue the notice to the Plaintiff on the first date for pleading (hereinafter referred to as the “first date for pleading”) to the effect that the Plaintiff did not appear at the 10th day for pleading (hereinafter referred to as the “1 date for pleading”) but failed to appear at the 20th day for pleading, each of the above 13th day for pleading and the second day for pleading (the second day for pleading reported by the Plaintiff to the address of Seocho-gu). However, each of the above notice was not served to the Plaintiff on the 20th day for pleading and the second day for pleading (the second day for pleading).

Therefore, the instant lawsuit was concluded on July 13, 2013, where one month has elapsed from the date of the second pleading, as the Plaintiff was deemed to have withdrawn the lawsuit, and the Plaintiff contests the validity of the said deemed withdrawal of the lawsuit. Therefore, pursuant to Article 8(2) of the Administrative Litigation Act, Article 268 of the Civil Procedure Act, and Articles 68 and 67(3) of the Rules of Civil Procedure, the termination of the instant lawsuit is declared by judgment.

Judges

Judge Lee Sung-soo

Judges Lee Byung-hee

Justices Kim Tae-hun

Attached Form

A person shall be appointed.

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