beta
(영문) 부산고등법원 2020.11.27 2020누21562

진정민원에대한회신취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the plaintiff in the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and even if the evidence submitted in the court of first instance is reviewed together with the plaintiff's assertion, the judgment of the court of first instance dismissing

Therefore, the reasoning of the judgment of the court is as stated in the reasoning of the judgment of the court of first instance except for the dismissal of part of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, it is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and

2. The second part of the judgment of the court of first instance, the second part of the judgment of the court of first instance, from 18 to 3rd part, shall be reversed as follows.

“1) If an administrative agency’s refusal of an application for active action by a citizen constitutes an administrative disposition that is subject to an appeal litigation, the filing of the application must be an exercise of public authority or an equivalent administrative action, and the refusal should cause any change in the applicant’s legal relationship, and the citizen should have the right to request the action in accordance with the relevant law or sound reasoning.

(1) In light of the legal principles as seen earlier, the court below’s determination on the admissibility of a petition is justifiable and acceptable. In so doing, it did not err by misapprehending the legal principles as to the admissibility of a petition, thereby affecting the conclusion of the judgment. In so doing, the court below did not err by misapprehending the legal principles as to the admissibility of a petition, thereby adversely affecting the conclusion of the judgment.

Even if it does not affect the rights, duties, or legal relations of the petitioner, so it cannot be viewed as an administrative disposition, and thus, it cannot be the subject of administrative litigation. Therefore, a lawsuit seeking revocation by deeming the above reply as a rejection disposition against the petition as unlawful.

(See Supreme Court Decision 91Nu4195 delivered on August 9, 191, etc.). 2 The plaintiff accepted the plaintiff's civil petition, and the defendant accepted the plaintiff's civil petition, and requested to investigate B.