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(영문) 대법원 2015.12.10 2012두6322

하천공사시행계획취소

Text

The judgment below

[Attachment of the Judgment of the Court of Justice]

3. The names of the plaintiffs stated in the list of standing to sue by disposition are the same list.

Reasons

The grounds of appeal are examined.

1. As to the plaintiffs' common grounds of appeal

A. As to the allegation in the grounds of appeal regarding the disposition of the government master plan, an administrative agency’s disposition is, in principle, an act under the public law of the administrative agency, which is the subject of an appeal litigation, and refers to an act directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or directly causing other legal effects. Thus, an act that does not cause direct legal changes in the legal status of the other party

(See Supreme Court en banc Order 2010No111 Decided April 21, 201 (see, e.g., Supreme Court Order 2010Da111, Apr. 21, 201). According to the reasoning of the lower judgment, “the fourth river master plan” announced jointly by the Ministry of Land, Transport and Maritime Affairs, the Ministry of Environment, the Ministry of Culture, Sports and Tourism, the Ministry of Culture, Sports and Tourism, and the Ministry for Food, Agriculture, Forestry and Fisheries (hereinafter “instant government master plan”) presented “the preparation for climate change, nature and human life, development of national land, balanced regional development, and establishment of the foundation for green growth, etc.” as the objectives of the fourth river improvement projects, including Han River, Nakdong River, the establishment of a plan for securing new water resources, the development of new concept of river management and river management, the implementation of the plan for the improvement of the environment and the implementation of the plan for the improvement of the water quality of the environment, and the implementation of the project.”