사전심사결과 통보처분 취소
The judgment of the court below is reversed and the plaintiffs' appeal is dismissed.
The total cost of the lawsuit after the filing of the appeal.
The grounds of appeal are examined.
1. The issue of whether a certain act of an administrative agency can be a subject of appeal cannot be determined abstractly and generally. In a specific case, an administrative disposition is an enforcement of law with respect to a concrete fact by an administrative agency as a public authority, which directly affects the rights and obligations of the people. The decision shall be made individually taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law, the attitude of the administrative
(see, e.g., Supreme Court Decisions 91Nu1714, Jan. 17, 1992; 2008Du167, Nov. 18, 2010). 2. Prior to amendment by Act No. 11492, Oct. 22, 2012;
The Civil Petition Handling Act (hereinafter referred to as “Civil Petition Handling Act”).
A) In the case of a civil petition that requires large-scale economic costs, a civil petitioner may request a preliminary review with a summary document before submitting a civil petition document to the head of the administrative agency (Article 19(1)); the head of the administrative agency shall notify the civil petitioner of the result of the preliminary review; and the head of the administrative agency shall not process the civil petition by rejecting the civil petition for other reasons not publicly notified at the time of notification of the result of the preliminary review, except where the civil petitioner’s cause or force majeure or other special circumstances make it impossible to do so (Article 19(3)). The former Enforcement Decree of the Civil Petitions Treatment Act (amended by Presidential Decree No. 24235, Dec. 20, 2012) provides that the head of the administrative agency shall minimize the required documents for the civil petition subject to the preliminary review (Article 31(3)).
The above provisions of the Civil Petitions Treatment Act are applicable.