[자동차운송사업개별화물면허취소처분취소][공1988.2.1.(817),292]
The purport of Article 18 (2) 2 of the Administrative Litigation Act
In light of the fact that the case in which a revocation suit can be instituted without filing an administrative appeal is separately stipulated in Article 18 (3) of the Administrative Litigation Act, it is reasonable to say that a revocation suit may be instituted without filing an administrative appeal without waiting to file an administrative appeal under Article 18 (2) 2 of the Administrative Litigation Act. However, it is reasonable to say that a revocation suit may be instituted immediately without waiting to file an administrative appeal in case there is any reason prescribed in the above provision.
Article 18 (2) 2 of the Administrative Litigation Act
Supreme Court Decision 86Nu215 Decided July 8, 1986
[Judgment of the court below]
Seoul Special Metropolitan City Mayor
Seoul High Court Decision 86Gu1006 Decided March 20, 1987
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the Plaintiff’s attorney are examined.
In light of the purport of Article 18(3) of the Administrative Litigation Act, in a case where a suit for revocation can be instituted without filing an administrative appeal, the purport of Article 18(2)2 of the same Act that "if there is an urgent need to prevent serious damage that may arise from the execution of a disposition or the continuation of procedures, a suit for revocation may be instituted without filing an administrative appeal, not for the purport of Article 18(2)2 of the same Act, but for the purport of Article 18(2)2 of the same Act that "if there is an urgent need to prevent serious damage that may arise from the execution of a disposition or the continuation of procedures, a suit for revocation may be instituted without filing an administrative appeal, it is reasonable to say that a suit for revocation may be instituted immediately without waiting an adjudication thereon (see Supreme Court Decision
The court below's decision that dismissed the lawsuit of this case on the ground that there was no legitimate filing of administrative appeal as to this case's case's legal principles is just and there is no error of law as to legal principles such as the theory of lawsuit.
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 Lee Jin-Post (Presiding Justice)