Main Issues

The meaning of the proviso of Article 2 (1) of the Administrative Litigation Act that "an action may be brought without disregarding the adjudication of a commissioner."

Summary of Judgment

The legitimate reason that can directly file a lawsuit under the proviso of Article 2 (1) of the Administrative Litigation Act refers to the reason that the lawsuit is filed but the lawsuit does not directly file a lawsuit without waiting the ruling, and it does not mean the case that the lawsuit is directly filed without filing a lawsuit.

[Reference Provisions]

Article 2 of the Administrative Litigation Act

Reference Cases

November 23, 1971, Decision 71Nu134 delivered on November 23, 197

Plaintiff

Plaintiff Company

Defendant

Minister of Communications;

Text

The litigation of this case shall be dismissed.

Purport of claim

The defendant's disposition of restricting participation in bidding against the plaintiff on February 2, 1980 shall be revoked.

Reasons

First of all, we examine whether the lawsuit of this case without the plaintiff's ruling is legitimate, and the plaintiff's attorney constitutes "when the lawsuit of this case is likely to cause serious damage due to the plaintiff's ruling, or other justifiable grounds exist" under the proviso of Article 2 (1) of the Administrative Litigation Act, and therefore, the lawsuit of this case was brought in a lawsuit of this case immediately without filing a complaint against the disposition of this case. However, the legitimate reason for which a direct lawsuit may be brought pursuant to the proviso of Article 2 (1) of the Administrative Litigation Act does not mean a case where a direct lawsuit is not brought without waiting for the judgment, but it means a case where a direct lawsuit is not brought without waiting for the judgment, and it can be interpreted as a gram natural sense. Thus, the lawsuit of this case directly brought without filing a suit is an unlawful lawsuit without going through the previous trial procedure as provided in Article 2 of the Administrative Litigation Act.