Main Issues

Whether an appeal can be filed against an administrative litigation case (negative)

Summary of Judgment

The application for a final appeal under Article 12 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to civil litigation cases and does not apply to administrative litigation seeking the cancellation of administrative disposition.

[Reference Provisions]

Article 12 of the Act on Special Cases concerning Expedition etc. of Legal Proceedings

Plaintiff, Applicant

Attorney Kim Jong-ho, Counsel for the plaintiff-appellant

Defendant, the other party

Chungcheong Market

Judgment of the lower court

Daegu High Court Decision 80Gu88 delivered on February 28, 1981

Text

The appeal shall be dismissed.

Reasons

The application for a final appeal under Article 12 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to civil cases, and it does not apply to the administrative litigation seeking the revocation of administrative disposition as in this case (the applicant shall also file an appeal against party members No. 81Nu121). Therefore, it is so decided as per Disposition by the assent of all participating judges who have agreed to dismiss