Whether the source of a lawsuit is lawful or not, shall be the subject of confession

The legitimacy or legitimacy of a commissioner is the matter of ex officio investigation, so it cannot be the object of confession.

Article 2 of the Administrative Litigation Act

Supreme Court Decision 65Nu174 delivered on February 24, 1970

Plaintiff (Attorney Kim Jong-soo, Counsel for the plaintiff-appellant)

Sung-nam Market (Attorney Lee Jae-ho, Counsel for the defendant-appellant)

Seoul High Court Decision 76Gu634 delivered on May 4, 197

The original judgment is reversed and the case is remanded to the Seoul High Court.

The grounds of appeal No. 2 by the Plaintiff’s attorney are examined.

In accordance with the administrative litigation system that adopted the principle of sub-determination, the legitimacy of a lawsuit is determined by the direct determination of the legality of the lawsuit, and the matters to be examined ex officio are not subject to confession (see Supreme Court Decision 65Nu174 delivered on February 24, 1970). According to the reasoning of the original judgment, the court below held that the date when the plaintiff became aware of the fact that the administrative disposition was taken on February 7, 1976 is not a dispute between the parties, and based on this, the court below held that the lawsuit commissioner against the administrative disposition filed on March 9, 1976 was unlawful, and therefore, the administrative litigation was judged to be unlawful. Accordingly, the court below determined that the administrative disposition was made after ex officio examination of the legality of the lawsuit, although the court below decided the legality of the lawsuit, it did not err by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of a confession without dispute between the parties, and thus, it shall not be reversed.

Therefore, the original judgment is reversed, and the case is remanded to the Seoul High Court, which is the original judgment, and it is so decided as per Disposition by the assent of all participating judges.

Justices Lee Young-young (Presiding Justice)