In a case where the Governor of the Jeju Special Self-Governing Province alters the absolute preservation area with respect to the shore of Seopo-dong, Seopo-si, Seopo-si, the case affirming the judgment below that there is no standing to sue against the above disposition on the ground that the local residents' association and the residents' interests in their residence and living environment are contrary to the protection of the landscape of the area, etc. due to the maintenance of the absolute preservation area, and it cannot be viewed as individual, direct, and specific interests protected by the relevant laws and regulations, on the grounds that the local residents' association did not have standing to sue against the above disposition.

Article 12 of the Administrative Litigation Act

Gangnam-gu Village Association and two others

Plaintiff 4 (Law Firm Han-gu et al., Counsel for the plaintiff-appellant)

Jeju Special Self-Governing Province Governor (Attorney Do governor, Counsel for defendant)

Gwangju High Court ( Jeju) Decision 2010Nu438, 445 decided May 18, 201

All appeals are dismissed. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiffs.

The grounds of appeal are examined.

Even if a third party is not the direct counter-party to an administrative disposition, if the legal interests protected by the administrative disposition are infringed, the party shall be entitled to obtain a decision of propriety by filing an administrative litigation seeking a confirmation of invalidity of the administrative disposition. The legal interests referred to in this context refer to cases where there are individual, direct, and specific interests protected by the applicable laws and regulations and relevant laws and regulations, and in cases where there are general, indirect, and abstract interests commonly held by the general public as a result of the protection of public interests, there is no legal interests protected by the law (see Supreme Court en banc Decision 2006Du330, Mar. 16, 2006

According to the reasoning of the judgment of the court of first instance cited by the court below, even if the defendant's disposition of this case was conducted on the premise of the approval disposition, etc. of the implementation plan for Jeju Navy Base, since it is separate administrative disposition separate from the above approval disposition, the legitimacy of administrative disposition as well as the procedure of dispute over administrative disposition should be viewed separately. As to whether there are legal interests protected by the laws and regulations, which form the basis of the disposition of this case, and relevant laws and regulations, the cancellation of absolute conservation area per se constitutes a disposition to cancel the restriction on ownership, and does not in itself affect the living environment of neighboring residents, and the cancellation of the absolute conservation area per se does not entail the implementation of the business or the installation of facilities. ② If the defendant's disposition of this case was conducted on the premise of the approval disposition of the implementation plan for Jeju Naval Base Base Base Base Base Base Base, etc. of the Minister of National Defense (amended by Act No. 9795 of Oct. 9, 200) and the former Ordinance on the Management of Jeju Special Self-Governing Province (amended by Ordinance No. 597, Jan. 6, 201).

In light of the above legal principles and records, the above judgment of the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there is no violation of the misapprehension of legal principles as to the plaintiff qualification of administrative litigation.

Therefore, all appeals are 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 on the bench.

[Attachment] List of Selections: Omitted

Justices Park Poe-young (Presiding Justice)