[예산편성지침통보처분효력정지][공1993.5.15.(944),1312]
(a) The meaning of any administrative disposition subject to a revocation lawsuit;
B. Whether the guideline of budget compilation notification under Article 21 of the Framework Act on the Management of Government-Invested Institutions by the President of Economic Planning Agency is an administrative disposition subject to revocation litigation (negative)
(a) The term "disposition of an administrative agency which is the object of a revocation suit under the Administrative Litigation Act" means any act under the public law of the administrative agency, such as ordering the establishment of rights or the burden of obligations with regard to a specific matter under the Acts and subordinate statutes, or directly generating legal effects, etc.
B. The notice of guidelines commonly applied to the formulation of a government-invested institution pursuant to Article 21 of the Framework Act on the Management of Government-Invested Institutions is merely a government-invested institution’s management and supervisory action, not a direct change in the rights and obligations of the people or other legal effects. Thus, the notice of guidelines cannot be deemed an administrative disposition subject to revocation litigation.
(b)Articles 2 and 19 of the Administrative Litigation Act;
A. Supreme Court Decision 82Nu370 delivered on February 14, 1984 (1984,520) 87Nu761 delivered on November 24, 1987 (198,189), Supreme Court Decision 91Nu4126 delivered on February 11, 1992 (192,1037)
Industrial Bank of Korea and three re-Appellants et al., Counsel for the plaintiff-appellants-appellee and one other
Minister of Finance and Economy;
Seoul High Court Order 92Nu1019 Dated December 23, 1992
The reappeal is dismissed.
The grounds of reappeal are examined.
The disposition of an administrative agency, which is the object of a revocation suit under the Administrative Litigation Act, refers to an act of an administrative agency under the public law, such as ordering the establishment of rights or the burden of obligations under laws or regulations, or directly giving rise to other legal effects with respect to a specific matter. The notification of guidelines commonly applied to the compilation of a government-invested institution by the head of the Economic Planning Board under Article 21 of the Framework Act on the Management of Government-Invested Institutions is merely a management and supervisory action of government-invested institutions, and the notification of the guidelines is not a direct change in the rights and obligations of the people or other legal effects. Thus, the notification of the guidelines cannot be deemed an administrative disposition
In the above purport, the court below's dismissal of the motion of this case by the re-appellant is just and there is no error of law such as the theory of lawsuit.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Song Man-man (Presiding Justice)