logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.30 2017누69153
프로그램 강사 합격처분 무효확인등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the first instance judgment, except for adding the judgment under Paragraph 2 below with regard to the Plaintiff’s emphasis on this case at the trial. Thus, this is cited by the main text of Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The addition;

A. According to Article 24(1) of the Enforcement Rule of the instant Ordinance, the conclusion of a contract with an instructor in charge of the instant self-governing center program shall undergo deliberation by the instant autonomous committee.

However, the Defendant violated the right to call and interview for the selection of program instructors as the chairperson of the Plaintiff’s residents’ autonomous committee protected by the Constitution, the Local Autonomy Act, the Ordinance of this case, and the Enforcement Rule of the same Act, without going through deliberation procedures, the lawful convening procedures of the residents’ autonomous committee for the selection of program instructors, the final successful applicants based on the application form for the support of instructors by each applicant and the table of total points compiled.

Therefore, since the disposition of this case has a significant and objective apparent defect, it is primarily sought to nullify the invalidity of the above disposition and to seek the revocation thereof as preliminary.

B. Even if a third party who is not the other party to a judgment is not the direct party to the disposition, if the interests protected by the law are infringed by the pertinent administrative disposition, or if there is a legal interest in seeking confirmation of the validity of the disposition, the propriety of the disposition shall be decided by filing a revocation lawsuit or confirmation lawsuit. Here, the term “interest protected by law” refers to a case where there is individual, direct, and specific interests protected by the relevant laws and regulations, and in case where a general, indirect, and abstract interest of the general public is generated as a result of protecting public

arrow