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(영문) 대법원 2014.02.21 2011두29052
생태자연도등급조정처분무효확인
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Even if a third party is not the direct counter-party to an administrative disposition, if the legal interest protected by the administrative disposition is infringed, he/she shall be entitled to obtain the decision of propriety by filing an administrative litigation seeking confirmation of invalidity of the disposition.

However, legally protected interests in this context refer to cases where there are individual, direct and specific interests protected by relevant laws and regulations, and thus, in cases where general and indirect interests of the general public are generated as a result of protecting public interests, it cannot be said that there are legally protected interests.

(2) Article 34(1) of the former Natural Environment Conservation Act (amended by Act No. 10977, Jul. 28, 201) and Article 27(1) and (2) of the Enforcement Decree thereof, which serve as the basis for the preparation and change of an ecological and natural map (see, e.g., Supreme Court en banc Decision 2006Du330, Mar. 16, 2006). citing the reasoning of the judgment of the court of first instance, the court below determined that an ecological and natural map is only for the systematic preservation and management of the natural environment by utilizing the formulation and implementation of a land use and development plan, and it is apparent that the ecological and natural map is not for the direct and specific protection of the living interests of the neighboring residents of the first-class zone. Since the interests of the neighboring residents of the first-class zone are derived from the public interest of environmental protection, the Plaintiff, which is a neighboring resident, did not have any right to seek nullification of the decision to seek invalidation.

In light of the above legal principles and records, the above judgment of the court below is just.

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