Main Issues
Submission of an application for correction of an administrative disposition against the President and a commissioner under the Administrative Litigation Act;
Summary of Judgment
(a) With respect to an administrative disposition taken by an administrative agency stationed in regard to property devolving upon the President, the submission of a written application for correction of an administrative disposition to the President shall not have satisfied the requirements for decentralization;
B. The reason for adoption of the Sub-exclusiveism is to enable the administrative authority or its superior authority that issued the administrative disposition to review the administrative disposition, thereby obtaining the self-control of the administrative authority and the effect of administrative supervision.
[Reference Provisions]
Article 2 of the Administrative Litigation Act
Plaintiff-Appellee
Ear-gu
Defendant-Appellant
The type of gambling by the Director General of the Seoul Metropolitan Government;
Judgment of the lower court
Seoul High Court Decision 60Do76 delivered on August 31, 1961
Reasons
In the so-called appeal litigation as to the cancellation or change of the investigation-oriented administrative disposition, if it is allowed to bring a lawsuit against the administrative disposition pursuant to the provisions of other Acts, it shall pass through the source of lawsuit. This is clear by Article 2 of the Administrative Litigation Act, and it is possible to bring an appeal against the administrative disposition on the property devolving upon it pursuant to Article 39 of the Administrative Litigation Act. Thus, in the case of a lawsuit seeking cancellation or change of the administrative disposition on the property devolving upon it, it must pass through source of lawsuit. According to the reasoning of the judgment in the original judgment, the defendant revoked the sales contract with the plaintiff on the property devolving upon it on February 12, 4292, and the plaintiff submitted a written appeal to the President for correction of the administrative disposition under the above administrative disposition on March 6, 429, which was presented, the original judgment was determined, but the reason why the defendant adopted the principle of ex officio discretion with regard to the administrative disposition based on the original judgment which was presented by the administrative authority or higher court to the President, which only did not go through the original court's authority's ex officio or ex officio to dismiss the administrative disposition.
Justices Lee B-ho (Presiding Justice)