[영업정지처분취소][공1985.5.1.(751),562]
"A lawsuit may be brought without an adjudication of a commissioner" as provided in the proviso of Article 2 (1) of the Administrative Litigation Act.
In the proviso of Article 2 (1) of the Administrative Litigation Act which recognizes the exception to the theory of the Sub-pactivism, the purport that a lawsuit may be brought without going through the adjudication of the sub-pact(s) is not that a lawsuit may be directly brought without going through the adjudication of the sub-pact(s) if there is any other justifiable reason(s). However, if there is a prescribed reason for the provision, the lawsuit can be brought immediately without going through the adjudication of the sub-pact(s).
Article 2 of the Administrative Litigation Act
Supreme Court Decision 62Nu31 delivered on June 28, 1962 delivered on November 14, 1978
[Defendant-Appellee] Plaintiff 1
The head of Yeongdeungpo-gu
Seoul High Court Decision 84Gu430 delivered on November 28, 1984
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The Plaintiff’s attorney’s ground of appeal is examined.
Of the proviso of Article 2(1) of the Administrative Litigation Act which recognizes the exception to the theory of the niversism, the purport that a lawsuit may be brought without going through the adjudication of the niversary may be brought to the lives without going through the adjudication of the lives if there is any other justifiable reason, rather than the purport that the lives may be brought to the lives without going through the adjudication of the lives, but if there is a reason for the provision, the lives may immediately institute an administrative litigation without going through the adjudication of the lives (see, e.g., Supreme Court Decisions 62Nu31, Jun. 28, 196; 78Nu184, Nov.
The court below was just to dismiss the plaintiff's lawsuit of this case on the ground that the plaintiff did not have a legitimate filing of a lawsuit, and there is no illegality in doing so.
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 Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju