Main Issues

Matters of objection concerning farmland reform and whether the Administrative Litigation Act is applied.

Summary of Judgment

With respect to any objection to farmland reform, only the method of objection under the provisions of Articles 22 and 24 (Search) of the Farmland Reform Act shall not be applicable to this Act and only the method of objection under the provisions of this Act shall be permitted.

[Reference Provisions]

Articles 22, 23, and 24 of the Farmland Reform Act; Article 1 of the Administrative Litigation Act

Plaintiff-Appellant

Park Jae-in accommodation

Judgment of the lower court

Seoul High Court of First Instance

Reasons

According to Article 22, Article 24 of the Farmland Reform Act, an interested party who has an objection as a matter of enforcement of the same Act may file a motion for reconsideration of the committee at the seat of the committee, and a final appeal may be filed with the superior committee in order with respect to the determination of the previous fights by City/Do committee, and in the event that there exist any grounds under the subparagraphs of Article 24 of the same Act, a lawsuit may be filed with the competent court having jurisdiction over the seat of the relevant district committee, and the objection concerning farmland reform is not subject to the Administrative Litigation Act and only the method of objection under the provisions of the said Act is allowed. Since it is apparent that the plaintiff's objection against farmland distribution is not subject to the general administrative litigation by the letter of opinion, it is illegal and dismissed as an objection against farmland distribution, the court below erred by misapprehending the interpretation of the law on the premise that it is a legitimate lawsuit.