[재결처분취소][공1991.3.15.(892),882]
Whether the act of selecting a person who is not a party in the administrative appeals proceedings is effective (negative)
Even if petitioners have selected a person who is not a party as a representative in the administrative appeal procedure, the selection is in violation of Article 11 of the Administrative Appeals Act and the act of selection is invalid.
Article 11 of the Administrative Litigation Act
Kim Jong-hae
Prime Minister
Seoul High Court Decision 90Gu808 delivered on August 30, 1990
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
In light of the records, the judgment of the court below, which the plaintiff sought cancellation in this case, shall be justified to determine that the plaintiff was not the representative director of the company, and that the plaintiff was not the party concerned, since the judgment of the court below is about the administrative appeal filed by the non-party Korea Media Center as the respondent by the non-party Korea Media Center as the plaintiff, and that the plaintiff was not the party concerned. Even if the plaintiff was selected as the non-party representative in the above administrative appeal procedure, according to Article 11 of the Administrative Appeals Act, the selected representative should be selected from among the petitioners, so the selection of the plaintiff is not effective, so the selection of the non-party non-party party and the non-party individual does not become the party concerned in the above administrative appeal procedure. In addition, just because the representative director of the company is the company, there is no legal interest in seeking
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Yong-sung (Presiding Justice)