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Main Issues
Ministry of Audit and Inspection may file an administrative litigation on the award of compensation
Summary of Judgment
No administrative litigation may be instituted against a decision made by the Board of Audit and Inspection on the compensation, and only the Board of Audit and Inspection may file an administrative litigation against a decision made by a retrial.
[Reference Provisions]
Articles 36 and 40 of the Board of Audit and Inspection Act, Article 1 of the Administrative Litigation Act
Reference Cases
Supreme Court Order 63Nu64 Dated October 31, 1963 64 Dated December 26, 1964
Plaintiff-Appellant
Plaintiff 1 and 5 others, Counsel for the defendant-appellant-appellee
Defendant-Appellee
Attorney Kim Dong-hwan, Counsel for the plaintiff-appellant
Judgment of the lower court
Seoul High Court Decision 82Gu378 delivered on December 27, 1983
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The grounds of appeal are examined.
The Board of Audit and Inspection can bring an administrative action against the decision of compensation by the Board of Audit and Inspection (see Articles 36 and 40 of the Board of Audit and Inspection Act).
According to the records, the plaintiffs have sought revocation of the new adjudication made by the defendant as of April 28, 1982, but it is evident that the change was made to the claim seeking revocation of the compensation adjudication made by the defendant as of November 10, 1981 on the second date for pleading, and therefore, the court below is just in holding that the plaintiff's lawsuit seeking revocation of the compensation adjudication filed a lawsuit against the disposition that cannot be considered as the object of the administrative litigation, and it is unlawful. There is no error in the misapprehension of legal principles as to the theory of lawsuit, the lack of reason, and the lack of the right to request the explanation. All arguments
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Tae-tae (Presiding Justice)