1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Around July 2013, the Office of Education of Gyeongbuk-do established an integrated plan for the establishment of a library (Yak-gu non-library) on the grounds of the existing Do, the narrow size of the building area of the city library, the deterioration of the building area of the city library, etc.

B. On January 23, 2014, the permanent resident market announced the re-public inspection of the urban management plan (revision) proposal containing the above plan, and on September 18, 2014, published the decision of the permanent resident management plan, the modification of the topographical map, etc. (No. 2014-566 of the permanent resident plan) including the new library construction plan.

C. Accordingly, the purchase of land around December 2014, the public announcement of design competition around March 2015, and the construction contract around June 2016 has been concluded and the same year has been implemented.

6. On September 2017, the new library for permanent residence (hereinafter “new library”) was established after the commencement of the new library construction work on 28.28. The library was opened on November 14 of the same year.

【Ground of recognition】 The fact that there has been no dispute, Eul's evidence 1-1, Eul's evidence 2-4, the purport of whole pleadings

2. The establishment of a new library with the gist of the Plaintiff’s assertion infringes on the right to equality under the Constitution of the residents who are unable to use the said library, is contrary to Article 17 of the Enforcement Decree of the Library Act, and an administrative plan with considerable disadvantages due to the poor convenience of use, learning environment, etc. compared to the Do library established in 1984 (hereinafter “existing library”), but the Defendant should preserve the existing library because it is procedurally unlawful because it does not undergo procedures for hearing opinions from the existing library users under Article 22 of the Administrative Procedures Act, such as the hearing of opinions

3. Determination on the legitimacy of the instant lawsuit

A. Under the current Administrative Litigation Act, a lawsuit seeking an execution judgment ordering an administrative agency to take a certain administrative disposition, or a lawsuit seeking a formation judgment seeking an administrative agency’s direct administrative disposition having the same effect as the administrative agency rendered a certain administrative disposition is not allowed.

Supreme Court Decision 30 delivered on September 30, 1997