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(영문) 대법원 1971. 12. 28. 선고 71누109 판결

[주류제조업면허무효확인][집19(3)행,049]

Main Issues

(a) there is no legal and specific benefit, and only a person who has an indirect relationship is not an interest in administrative litigation;

(b) Administrative litigation may not be lodged by subrogation.

Summary of Judgment

(a) A person who has no legal and specific interests and who is merely a de facto and indirect relationship has no interest in filing an administrative litigation;

(b) Administrative litigation may not be lodged by subrogation.

[Reference Provisions]

Article 1 of the Administrative Litigation Act

Reference Cases

Seoul High Court Decision 70Nu164 delivered on March 23, 1971

6. 56.7. 6. 33

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Daejeon director of the tax office

original decision

Seoul High Court Decision 70Gu181 delivered on June 15, 1971

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

As to the Plaintiff’s ground of appeal:

Even though the original judgment is a shareholder of the non-party U.S. corporation, the plaintiff cannot be viewed as having a direct and specific interest in law, and it is nothing more than having a de facto and indirect relationship with the plaintiff who led to the lawsuit as a shareholder. Thus, the plaintiff is justified in the judgment that there is no interest in the lawsuit of this case (see this case, e.g., Supreme Court Decision 72Nu164, Mar. 23, 1971), and there is no illegality in the theory of this lawsuit, and the administrative litigation may not be filed by subrogation (see this case, e.g., Supreme Court Decision 4289Da3339, Jul. 6, 289). Therefore,

Therefore, it is so decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet