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(영문) 대법원 1993. 10. 26. 선고 93누6331 판결
[급수공사비등부과처분취소][공1993.12.15.(958),3192]
Main Issues

A. The meaning of an administrative disposition subject to an appeal litigation

(b) Whether a notice to pay water supply construction costs is an administrative disposition against the applicant for water supply works by a waterworks business operator;

Summary of Judgment

A. The term "administrative disposition", which is an object of an appeal litigation, means an act of an administrative agency under public law, which causes direct change in the legal status of the other party or other persons concerned, such as an act within the administrative authority's specific matters, ordering the establishment of rights or obligations pursuant to Acts and subordinate statutes, or giving rise to other legal effects, and an act which does not directly change in the legal status of the other party or other persons concerned, such as acts within the administrative authority, referral, solicitation,

B. The notice of payment to the effect that the waterworks business operator pre-paid the details of the water supply construction cost to the applicant for water supply construction works and the payment thereof by the designated date is reasonable to say that the waterworks business operator approved the water supply construction work and notified the applicant of the water supply construction cost, and the said applicant would make the water supply construction work upon paying the construction cost accordingly, and it cannot be deemed an administrative disposition subject to appeal litigation.

[Reference Provisions]

(a)Articles 2 and 19 of the Administrative Litigation Act; Article 11 of the Daejeon Special Metropolitan City and Metropolitan City Water Supply Ordinance;

Reference Cases

A. Supreme Court Decision 78Nu379 delivered on October 14, 1980 (Gong1980, 1330) 91Nu4126 delivered on February 11, 1992 (Gong1992, 1037) 93Du2 delivered on April 12, 1993 (Gong193Sang, 1312)

Plaintiff-Appellant

Attorney Kim Jong-sik, Counsel for the plaintiff-appellant of the National Housing Association

Defendant-Appellee

Jungdo Law Firm, Attorney Park Woo-young, Counsel for the defendant-appellant of the Water Service Center of Daejeon Special Metropolitan City

Judgment of the lower court

Daejeon High Court Decision 92Gu174 delivered on February 12, 1993

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

We examine the grounds of appeal.

The term "administrative disposition that is the object of an appeal lawsuit" means an act of an administrative agency's public law which directly changes the specific rights and duties of the citizens, such as ordering the establishment of rights or obligations under the Acts and subordinate statutes on a specific matter and giving other legal effects to the applicant, and an act which does not cause direct legal changes in the legal status of the other party or other related persons, such as actions inside administrative authority, referral, de facto notification, etc. inside the administrative authority, shall not be subject to appeal litigation (see Supreme Court Decision 78Nu379, Oct. 14, 1980). According to the records, Article 11 of the Daejeon Metropolitan City-Metropolitan City Ordinance on Water Supply and Waterworks provides that the applicant for water supply construction shall pay the water supply cost in advance to the bank within the designated date, and that the application for water supply construction cost shall not be deemed to have been cancelled if the applicant does not pay the water supply construction cost in advance within the designated date, in light of the above Articles 25, 32, and 36 of the Water Supply and Waterworks Act, which does not constitute an application for water supply construction cost.

Therefore, without examining the remaining grounds of appeal by the plaintiff as to family judgment of the court below, this appeal is dismissed as it is without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)

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심급 사건
-대전고등법원 1993.2.12.선고 92구174
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