[국민주택특별공급][공1997.4.15.(32),1143]
Whether the act of refusing an application for housing supply in accordance with the legal nature (administrative guidelines) of the "Guidelines for Special Supply of the National Housing to the Demolitions of the Seoul Special Self-Governing Gu" and the guidelines thereof is an administrative disposition
The guidelines for special supply of national housing with respect to the removal residents, which have been enacted and implemented by the head of the Gu of Seoul Special Metropolitan City, are merely an administrative guidelines within the administrative agency, and the right to apply for parcelling-out in public law is not granted to a person prescribed in the guidelines. Thus, even if an administrative agency expresses his/her intention not to accept the application for special supply of national housing by the relevant person, it cannot
Article 2 of the Administrative Litigation Act
Supreme Court Decision 91Nu3352 delivered on November 26, 1991 (Gong1992, 336) Supreme Court Decision 91Nu3871 delivered on October 27, 1992 (Gong1992, 3308) Supreme Court Decision 93Nu2247 delivered on May 11, 1993 (Gong193Ha, 1732)
Kim Number of Days
The head of Dongjak-gu Seoul Metropolitan Government
Seoul High Court Decision 96Gu12063 delivered on November 14, 1996
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
We examine the Plaintiff’s ground of appeal.
The defendant's guidelines for special supply of national housing to the removed residents are merely merely an administrative guidelines within the defendant, and it is not an issue of the right to apply for parcelling-out under public law to the persons under the guidelines. Thus, even if the defendant expressed his intent not to accept the application for special supply of national housing to the plaintiff, it cannot be deemed an administrative disposition subject to appeal litigation (see, e.g., Supreme Court Decisions 91Nu3871, Oct. 27, 1992; 93Nu247, May 11, 1993; 93Nu247, May 11, 1993). The judgment of the court below to the same purport is just, and there is no violation of the rules of evidence, misunderstanding of legal principles, etc., and so long as the above guidelines for special supply of national housing to the removed residents are not granted the right to apply for parcelling-out residents, the remaining grounds for appeal that criticize the judgment of the court below
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 Shin Sung-sung (Presiding Justice)