Permission of incorporation or modification of articles of incorporation must not be subject to administrative litigation.

Under the system that employs the principle of permission for the establishment or amendment of articles of incorporation of a non-profit foundation, the permission of the competent authority with regard thereto is belonging to the discretion of the competent authority in its nature, and it cannot be disputed whether such permission is granted or not. Therefore, the non-permission disposition with regard thereto shall not be subject

Article 1 of the Administrative Litigation Act, Articles 32 and 42(2) of the Civil Act

Attorney Shin Tae-tae, et al., Counsel for the defendant-appellant

Minister of Culture and Publication

Seoul High Court Decision 78Gu171 delivered on July 11, 1979

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

Under the system that employs a principle of permission for the establishment or modification of the articles of incorporation of a nonprofit foundation, permission for the establishment or modification of the articles of incorporation of a nonprofit foundation is an act belonging to the free discretion of the competent authority under its nature and cannot be disputed as to whether to grant permission. Therefore, the decision of the court below that the disposition of non-permission in this case is not an administrative disposition subject to administrative litigation based on the principle of permission is just and it cannot be said that there is a misapprehension of the legal principle on permission or free discretion of the competent authority for the modification of the articles of incorporation of a nonprofit foundation.

The Supreme Court decisions pointed out in this paper cannot be appropriate for this case.

It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Tae-won (Presiding Justice)