Whether the act of transferring desolate river sites is an administrative disposition (negative)

The act of transferring desolate river sites by the Minister of Construction and Transportation or by an agency entrusted with his authority pursuant to Article 77 of the River Act is nothing more than a juristic act conducted as a private economic entity, and the act of transferring desolate river sites is not an administrative disposition under public law conducted by an administrative agency in superior status as a public authority. Thus, the act of transferring desolate river sites cannot be deemed an administrative disposition subject to

Article 1 of the Administrative Litigation Act, Article 77 of the River Act

Plaintiff 1 and two others

Seoul Regional Construction Administration

Seoul High Court Decision 84Gu329 delivered on November 26, 1984

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The plaintiffs' grounds of appeal are examined (the supplemental appellate brief is filed after the expiration of the submission period, so it is examined to the extent of supplement in case of the above grounds of appeal)

The act of transferring desolate river sites by the Minister of Construction and Transportation or by an agency entrusted with his authority pursuant to Article 77 of the River Act is nothing more than a juristic act conducted as a private economic entity, and the act of transferring desolate river sites is not an administrative disposition under public law conducted by an administrative agency in superior status as a public authority. Thus, the act of transferring desolate river sites cannot be deemed an administrative disposition subject to

The court below's decision that dismissed the appeal of this case based on the same purport is just and there is no error of incomplete deliberation or misapprehension of legal principles in the judgment below.

As long as the concession act of this case cannot be seen as an administrative disposition subject to administrative litigation, the lower court’s judgment as to the lapse of the period for filing a lawsuit is unnecessary additional judgment, and it does not affect the conclusion of the lower judgment. Therefore, the judgment of the grounds of appeal on this point is omitted, and the appeal is dismissed, and the costs of appeal are assessed against the losing

Justices Lee Il-young (Presiding Justice)