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(영문) 대법원 1993. 7. 27. 선고 93누1381 판결
[상이군경회정관인가처분취소][공1993.10.1.(953),2434]
Main Issues

(a) Standing to sue in administrative litigation;

(b) Whether a member of the wounded Veterans Association has a legal interest in seeking revocation of a disposition of approval for the articles of association;

Summary of Judgment

A. Administrative litigation has no benefit in filing an administrative suit, unless there is a benefit in filing a suit only by a person having a direct and specific benefit by law due to the cancellation of the administrative disposition in question by the administrative agency, and it is only for having a de facto and indirect relationship.

B. If a member of the Diplomatic Association is about the validity of the articles of association of the Diplomatic Association of the Republic of Korea, which is a general and abstract law, it is apparent that the Diplomatic Association does not cover specific rights or legal relations of the Diplomatic Association members, so there is no legal interest to seek the revocation of the approval of the articles of association of the Diplomatic Association.

[Reference Provisions]

Article 12 of the Administrative Litigation Act

Reference Cases

A. Supreme Court Decision 73Nu95 delivered on December 11, 1973 (Gong1974, 7696) 87Nu119 delivered on May 26, 1987 (Gong1987, 1101) 88Nu3147 delivered on January 24, 1989 (Gong1989, 315)

Plaintiff (Appointed Party) and appellant

Plaintiff (Appointed Party)

Defendant-Appellee

The Minister of Patriots and Veterans Affairs

Judgment of the lower court

Seoul High Court Decision 92Gu22697 delivered on December 3, 1992

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

Before determining the grounds of appeal, we examine it ex officio.

Administrative litigation has no profit to bring an action against a person who has a direct and specific interest in law due to the cancellation of administrative disposition by the administrative agency (see Supreme Court Decision 88Nu3147 delivered on January 24, 1989). In light of the records, the plaintiff's assertion of cancellation of disposition of this case in this lawsuit is related to the validity of the articles of association of the Korea Disabled Veterans Association, which is a general and abstract law, and it is obvious that even if the plaintiff is a member of the Korea Disabled Veterans Association, it is not subject to specific rights or legal relations of the plaintiff, and therefore, the plaintiff does not have a legal interest to seek cancellation of the disposition of this case.

Therefore, without the need to determine the grounds of appeal, the lower court’s conclusion that dismissed the instant lawsuit on account of its illegality is justifiable and without merit.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)

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심급 사건
-서울고등법원 1992.12.3.선고 92구22697