beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The court's explanation of this case is as follows: Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment under Paragraph (2).
The summary of the claim as to the determination of disposition on the main defense of safety is merely merely simply a simple guidance, and thus, it cannot be said that direct change in the rights and obligations of the plaintiff. Therefore, it cannot be deemed an administrative disposition that is subject to appeal litigation, since the defendant sent to the plaintiff the main purport of the claim as to the main defense of safety to the plaintiff.
Judgment
The issue of whether an administrative disposition can be deemed an administrative disposition cannot be determined abstract, general, and in specific cases, an administrative disposition is an act that directly affects the rights and obligations of the people as a law enforcement with regard to a specific fact conducted by an administrative agency as a public authority. Considering that an administrative disposition is an act that directly affects the rights and obligations of the people, it shall be determined individually according to which the administrative disposition satisfies the requirements of its main body, content, procedure, and form. A certain act of an administrative agency has the same external form as an administrative disposition that objectively gives disadvantages to the people without any legal basis. If the other party to the act is aware of it as an administrative disposition, if the other party to the act is in need of remedy to eliminate the disadvantage or apprehension of the people derived from the act of an administrative agency, the degree of the administration in law at that time and the level of awareness of the rights of the people as well as the attitude of the relevant administrative agency related to
(See Supreme Court Decision 93Nu12619 delivered on December 10, 1993, etc.). The following are acknowledged by the respective descriptions of evidence Nos. 1, 2, and 6 and the purport of the entire pleadings.