[변호사자격등록거부이의신청기각처분취소][하집1987(1),552]
The requirements for the revocation lawsuit against the administrative appeal ruling
In the case of a lawsuit seeking cancellation of a judgment, it is limited to the case where the decision itself is based on an inherent error, so the administrative litigation of this case seeking cancellation of the judgment which dismissed the request for administrative appeal is illegal as the cause of the claim.
Article 19 of the Administrative Litigation Act
Supreme Court Decision 74Nu214 Decided November 25, 1975 (Specially Article 18(92)964 of the Administrative Litigation Act, No. 529No868 Decided November 25, 1975)
Plaintiff
The Minister of Justice
The plaintiff's lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
The defendant's decision on September 4, 1986 and the rejection of the administrative appeal shall be revoked.
The judgment that the litigation costs should be borne by the defendant was sought.
1. The plaintiff's assertion is as follows.
On March 6, 1986, the Plaintiff filed an application for registration with the Korean Bar Association (hereinafter referred to as the “Association”) on March 6, 1986, in order to start the practice as an attorney-at-law. The Plaintiff refused this on the 20th of the same month on the grounds that the Plaintiff cannot be recognized as qualified as an attorney-at-law. As such, the Plaintiff filed an objection with the Defendant on April 12, 1986 pursuant to Article 8(3) of the Attorney-at-Law Act.
However, since the defendant also dismissed an objection for the same reason, the plaintiff filed an administrative appeal under the Administrative Appeals Act on July 14 of the same year on the rejection disposition, and the defendant filed an administrative appeal on September 4, 1986 on the same ground, and thus the defendant sought revocation of the above administrative appeal decision.
2. According to the provisions of Article 19 of the Administrative Litigation Act, a suit seeking revocation is subject to the exercise of public authority as an enforcement of law with respect to specific facts by an administrative agency or its refusal, other corresponding administrative actions and rulings on administrative appeals. However, in cases of a suit seeking revocation of adjudication falling under the latter part, it is limited to cases where the ruling itself has an inherent error.
However, the plaintiff is subject to the defendant's judgment dismissing the plaintiff's claim for administrative appeal, and the cause of the claim is not inherent illegality in the judgment itself, but the contents of the judgment are illegal.
Therefore, the plaintiff's lawsuit is subject to an administrative act that cannot file an administrative lawsuit, and it is illegal without considering it.
3. If so, the plaintiff's lawsuit is illegal and dismissed, and the costs of lawsuit are assessed against the losing plaintiff. It is so decided as per Disposition.
Judges Kim Sung-il (Presiding Judge)
The number of depths shall not be signed and sealed in the vicinity of the past.