1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The plaintiff is a convicted prisoner who is under imprisonment with prison labor in the Ansan Prison.

B. On January 5, 2017, the Plaintiff’s creditor B obtained a seizure and collection order as to the claim for the refund of the money deposited in custody against the Plaintiff’s Republic of Korea as Seoul Central District Court 2016TTT23401, with the amount of claim KRW 41,864,865, and with the amount of claim KRW 41,865.

C. B collected the claim against the Defendant on July 4, 2017, based on the above seizure and collection order, the Defendant returned the Plaintiff’s custody amount of KRW 2,202,064 to B on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3 and 4, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The Plaintiff’s act of returning KRW 2,202,064, the Plaintiff’s custody amount to B on July 4, 2017, sought confirmation of the invalidity of the disposition of return of the custody amount on July 4, 2017, on the premise that it is a disposition, and thus, ought to be examined ex officio as to whether the instant lawsuit is lawful.

B. Articles 2(1)1, 3 subparag. 1, and 4 subparag. 2 of the Administrative Litigation Act provide that with respect to the meaning of a disposition that is the object of an administrative agency’s litigation seeking confirmation of invalidation, etc. in an appeal litigation, “the exercise or refusal of public authority as an enforcement of law with respect to specific facts by an administrative agency, and other corresponding administrative

C. In addition, a certain act of an administrative agency cannot be determined abstractly and generally as the subject of an appeal. In a specific case, an administrative disposition is an enforcement of law with regard to specific facts conducted by an administrative agency as the subject of public power, which directly affects the rights and obligations of the people. Considering the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation of disadvantage suffered by interested parties such as the act and the other party, and the principle of administration by the rule of law and the attitude of the administrative