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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff is an incorporated association established for the purpose of overseas leading projects, education line projects, cultural line projects, etc., and is operating a elbow school (hereinafter referred to as the "instant school") which is a lifelong educational establishment, the academic achievement of which is not recognized in the form of a school under Article 31 of the Lifelong Education Act.
On December 13, 2017, the Plaintiff notified the Plaintiff of the completion of middle school course education for prospective middle school applicants subject to compulsory education, deeming that the Plaintiff could not conduct the above education at the instant school, which is a lifelong educational establishment, and that “the revocation of prospective middle school applicants subject to compulsory education and prohibition of promotion of the recruitment of prospective students for transfer admission to and admission to the next middle school.”
(hereinafter “Notification of this case”) . [Grounds for recognition .] without dispute, Gap evidence Nos. 1 through 3 (including numbers), Eul evidence Nos. 1 and 2, and the purport of the entire pleadings as to the legitimacy of the lawsuit of this case, and whether the defendant’s notification of this case to the plaintiff by the defendant as to whether the lawsuit of this case is legitimate, is merely a recommendation or administrative guidance that does not cause direct legal changes in the plaintiff’s legal status, and cannot be deemed a disposition.
Judgment
Whether a certain act of an administrative agency can be a subject of an appeal shall not be determined abstractly or generally, and shall be determined specifically and individually, taking into consideration the contents and purport of the relevant Acts and subordinate statutes, the subject, content, form, and procedure of the act, the actual relation between the act and the disadvantage suffered by interested parties, such as the other party, etc., the principle of administration by the rule of law, the attitude of interested parties with the administrative agency related to the act
An act which does not directly cause a direct legal change in the legal status of the other party or other related persons, such as acts, intermediation, solicitation, and de facto notification, etc. inside an administrative agency, shall not be subject to appeal litigation.
(see, e.g., Supreme Court Decision 2014Du43974, Mar. 12, 2015). In this regard, the following facts are examined.