logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원(제주) 2020.06.10 2019누1366
환경보전방안조치(이행)계획재보완요청 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance regarding this case is that the court of first instance, citing the reasoning of the judgment, i.e., the "Korea Tourist Corporation" in the third 5th of the judgment of the court of first instance, shall be deemed "Korea Tourist Corporation", and the ground of appeal by the plaintiff as to the legitimacy of the lawsuit of this case is stated in the reasoning of the judgment of the court of first instance, except for further determination of the grounds of appeal by the plaintiff as to the legitimacy of the lawsuit of this case under the following

2. Additional determination (Judgment as to the legitimacy of the instant lawsuit)

A. The Defendant’s request for the supplementation of this case’s main defense is merely a fact that the Korea National Tourism Organization, prior to the modification of the business plan consulted pursuant to Article 33(1) and (2) of the Environmental Impact Assessment Act, notified the Plaintiff of the matters that it was necessary to prepare an environmental conservation plan and reflect the plan on the modification in the business plan, and thus, it cannot be deemed that the Plaintiff, not the direct counter-party to the request for reexamination of this case, either ordered the Plaintiff

Therefore, the request for reconsideration of this case cannot be deemed an administrative disposition that is subject to appeal litigation.

B. Determination 1) An administrative disposition, which is the subject of an appeal litigation of the relevant legal doctrine, is an act of an administrative agency’s public law, which directly causes changes in the legal status of the other party or other interested persons, such as ordering the establishment of rights or the burden of obligations, and causing other legal effects with respect to a specific matter, etc. The act of not causing direct legal changes in the legal status of the other party or other interested persons, such as actions, intermediation, solicitation, and de facto notification, within the administrative agency, cannot be subject to an appeal litigation (see, e.g., Supreme Court Decision 2016Du41729, Feb. 14, 2019). Meanwhile, whether an administrative agency’s act may be subject to an appeal litigation

arrow