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(영문) 서울고등법원 2018.12.18 2018누60580
고시무효확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Determination on this safety defense

A. As to the plaintiff's assertion of invalidity or revocation of the provision of this case on the premise that the plaintiff is an administrative disposition subject to an appeal litigation, and that the plaintiff has standing to sue to seek nullification or revocation thereof, the defendant cannot be viewed as an administrative disposition subject to an appeal litigation since the provision of this case does not directly alter the plaintiff's specific rights and obligations as a general and abstract law, and it cannot be viewed as an administrative disposition subject to an appeal litigation, and the plaintiff cannot be viewed as having received legal interests protected by the provision of this case as a third party who is not the other party directly subject to the provision of this case. Thus, the plaintiff's standing to sue cannot be

B. 1) An administrative disposition, which is the object of an appeal, shall be an act of an administrative agency under public law, which is directly related to the rights and obligations of the people, such as setting up a right under the law regarding a specific matter, ordering an obligation, generating other legal effects, etc. The act itself does not cause a direct change to the specific rights and obligations of the people, but is merely a general, abstract statute or internal, internal, and internal project plan (see, e.g., Supreme Court Decision 98Du12789, Nov. 27, 1998). However, if any notice has a general and abstract nature, it constitutes an administrative disposition if it itself has a characteristic regulating the specific rights and obligations or legal relations of the people, without mediating other enforcement acts, it constitutes an administrative disposition (see, e.g., Supreme Court Decision 2006Da12789, Sept. 22, 2006).

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