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(영문) 서울고등법원 2017.06.09 2016누74165
생활대책용지공급대상자부적격처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court's explanation concerning this part of the basic facts are the same as the part stated in Paragraph 1 of the first instance court's decision, in addition to the fact that the 8th court's "disqualified disposition" under the third below of the first instance court's decision is "disqualified disposition (hereinafter "the first notification of this case")" and the 3th court below's "the third (hereinafter "the second notification of this case") is "(hereinafter "the second notification of this case")", and therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff’s summary of the Plaintiff’s assertion was engaged in the livestock industry in a facility of not less than 300§³, such as livestock pens, and the livestock industry operated by the Plaintiff to be supplied with a site for livelihood countermeasures according to the instant standard set by the Defendant does not necessarily have to be lawful. Therefore, the second notification of this case is unlawful.

3. Whether the lawsuit of this case is legitimate

A. On July 3, 2015, the Plaintiff received the first notice of the instant case on July 3, 2015, but did not file an administrative lawsuit within 90 days, and the second notice of the instant case cannot be deemed a disposition that becomes the object of an appeal litigation separately from the first notice of the instant case.

Therefore, the lawsuit of this case shall be dismissed as unlawful.

B. 1) Determination 1) The issue of whether a certain act of an administrative agency can be the subject of an appeal cannot be determined abstractly and generally. In specific cases, an administrative disposition is an enforcement of law with respect to a concrete fact by an administrative agency as a public authority, which directly affects the rights and obligations of the people, based on the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law and the attitude of the administrative agency and interested parties related to the pertinent act, etc. (see, e.g., Supreme Court Decision 200

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