[영관생계보조기금권리자확인등][공1991.3.15.(892),874]
The legality of a party lawsuit seeking confirmation of the relationship of rights under public law instituted by the president of the Veterans Association and the Minister of National Defense as the defendant (negative)
A party lawsuit seeking confirmation of the relationship of rights under public law is unlawful since the state or public organization, etc., which is the subject of rights, must be the defendant.
Article 39 of the Administrative Litigation Act
6.25 Military Personnel Compensation Promotion Committee;
[Defendant-Appellee] Defendant 1 and 1 other (Attorney Shin Jae-soo, Counsel for defendant-appellee)
Seoul High Court Decision 89Gu1669 delivered on February 27, 1990
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal No. 2 are examined.
According to the records, if the lawsuit of this case is deemed to be a party seeking confirmation of legal relationship under public law, the state or public organization, which is the subject of rights, shall be the defendant. Since the Veterans Association head and the Minister of National Defense, who is not the subject of rights, have filed a lawsuit with the Minister of National Defense, the court below's disposition is justified, and there is no illegality of misunderstanding legal principles.
Therefore, without determining the remaining grounds of appeal, 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 Park Yong-dong (Presiding Justice)