[대일수출염장미역가공물량배정처분무효확인][집31(2)특,173;공1983.6.15.(706),907]
Whether it can be the subject of administrative litigation to confirm that there is no head of the Gun with the authority to allocate the quantity of large-day export salt processing (negative)
The subject matter of administrative litigation is a dispute over specific rights and duties, and it is not a general, abstract, internal or internal rule or internal plan of business, which directly causes a direct change in the specific rights and duties of the people. Therefore, seeking confirmation that the defendant (the head of complete Gun) has no authority to allocate the daily export salt processing quantity to the defendant (the head of complete Gun) can not be subject to administrative litigation because it is a difference in the general and abstract authority of the administrative agency and can not be subject to administrative litigation.
Article 1 of the Administrative Litigation Act
Plaintiff
Attorney Kim Dong-ju, Counsel for the defendant-appellant of Yido
Gwangju High Court Decision 82Gu64 delivered on November 9, 1982
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
We examine the grounds of appeal.
Administrative litigation is a lawsuit concerning the cancellation or change of a disposition against the illegality of an administrative agency or its affiliated agency, or a lawsuit concerning other legal relationships under public law, which can be the object of which can be a dispute concerning specific rights and duties. It is not a general, abstract law or internal rule or internal business plan itself, but a direct change in the specific rights and duties of the people. Therefore, the plaintiff's lawsuit seeking confirmation that the court below does not have the authority to allocate the volume of large-day export salt farm processing to the defendant on the same purport does not seek cancellation on the ground that the defendant's specific quantity allocation disposition against the plaintiff is illegal, but the plaintiff's lawsuit seeking confirmation that the defendant has no authority to allocate the volume of large-day export salt farm processing shall not seek cancellation on the ground that the defendant's specific quantity allocation disposition against the plaintiff is illegal, and thus it shall be accompanied by the existence of a general abstract authority of an administrative agency to prepare for the allocation of the defendant's quantity, and thus, it cannot
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)