Whether a Labor Relations Commission's decision of arbitration is an administrative disposition.

The arbitration decision of the Labor Relations Commission concerning the accident compensation under the Labor Standards Act is necessary as a premise for the proposal of civil procedure, and it cannot be viewed as an administrative disposition because it is merely one soliciting act that cannot change the legal status of an employer and an employee.

Articles 88 and 89 of the Labor Standards Act, Article 1 of the Administrative Litigation Act

Supreme Court Decision 63Nu5 delivered on March 21, 1963 (Supreme Court Decision 2640 delivered on March 21, 1963; Supreme Court Decision 11Nu93 delivered on June 11, 200; Decision Decision No. 28 ①1604 delivered on March 2

The New Industry Corporation

National Labor Relations Commission

The lawsuit of this case shall be dismissed.

Litigation costs shall be borne by the plaintiff.

The decision of re-adjudication on the objection of a disaster case between the plaintiff (employer) and the non-party (employee) made under subparagraph 10 shall be revoked.

The judgment that the litigation costs should be borne by the defendant was sought.

The so-called administrative disposition, which is subject to the administrative litigation under Article 1 of the Administrative Litigation Act, refers to the act of the administrative agency that changes the legal status of the other party or other related persons, and the arbitration decision of the defendant National Labor Relations Commission concerning the accident compensation under the Labor Standards Act, which the plaintiff seeks the cancellation as the principal lawsuit, is necessary as a prerequisite for the filing of a civil lawsuit, and it is merely an act of soliciting that does not make any change in the legal status of

If so, the plaintiff's main lawsuit is not an administrative disposition but a revocation is sought, and eventually, it is illegal that it does not meet the requirements for filing a lawsuit, so it shall be dismissed and should be terminated.

Therefore, it is decided as per Disposition by applying Article 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Kim Do-ju (Presiding Judge)