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(영문) 서울고등법원 2020.11.11 2020누41452
조례 등 무효확인의 소
Text

1. Of the judgment of the court of first instance, Article 24 [Attachment 1] 1 (a) (iv) of the Seoul Special Metropolitan City Ordinance on Urban Planning.

Reasons

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance. Thus, this part of the basic facts is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Attached Form 2 of the judgment of the court of first instance of the relevant statutes is as follows;

3. Judgment on the defendant's main defense of safety

A. The main purport of this Ordinance is to stipulate the criteria for permission for development activities as to standing timber and an average slope level, and an urban ecological survey result, and the public notice of this case is merely informing the content and result of the basic survey on the current status of urban ecology conducted by the Defendant or the data that forms the basis for permission for development activities. Thus, without involvement in enforcement actions such as the rejection of permission for development activities, it does not directly lead to legal effects, such as the rights and obligations of the citizens or legal interests.

Therefore, the instant lawsuit seeking confirmation of invalidity of the provision of the Ordinance of this case (3) and (4) and the notice of this case is unlawful as it has no standing to be subject to appeal litigation.

B. According to Article 2(1)1, Article 3 subparag. 1, and Article 4 subparag. 2 of the Administrative Litigation Act, an administrative disposition subject to an administrative agency’s action for invalidation confirmation, which is an appeal litigation, refers to the exercise of public authority, rejection thereof, and other similar administrative actions, as an enforcement of laws on specific facts conducted by the administrative agency. According to the above provisions, an administrative disposition subject to an action for invalidation confirmation, which may be subject to a dispute over specific rights

Therefore, if municipal ordinances or public notices themselves have the character to directly regulate the specific rights and obligations or legal relations of the people as a result of other enforcement acts, they may be deemed administrative dispositions subject to appeal litigation (see, e.g., Supreme Court Decisions 95Nu8003, Sept. 20, 1996; 95Nu8003, Oct. 9, 2003; 2003Du2506, Sept. 22, 2006).

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