Benefits from the protection of rights of administrative litigation institution

Administrative litigation has a benefit to bring an action only by a person who has a direct and specific interest in law due to a disposition by an administrative agency, and only a person who has a de facto and indirect relationship has no benefit to bring an action.

Plaintiff

Head of Gun;

Daegu High Court Decision 72Gu127 delivered on March 28, 1973

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The plaintiff's grounds of appeal are examined.

In this case, even though the plaintiff properly complied with the procedure for filling in court and the period of filing the lawsuit of this administrative litigation due to the administrative agency's rejection disposition, the administrative litigation has a legal interest to bring a lawsuit only by a person who has a direct and specific interest in law. However, according to the records of this case, the plaintiff's application for an order to rebury the body or remains of a grave (in the case of a relative) under Article 16 (1) of the Burial and Graveyard, the plaintiff's application for an order to rebury the body or remains of a grave (in the case of a relative to a third party), which is located within the relative (in the case of a relative to a third party, a relative to a third party) under Article 16 (1) of the Burial and Graveyard etc. Act, it is clear that the defendant rejected the application of the plaintiff with respect to an order to open a grave under Article 16 (1) of the same Act, and therefore, it is reasonable to reject the lawsuit, therefore, to deem that the plaintiff's actual relation (in the case of a grave on the land adjacent to the third party's grave) has been rejected.

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

Justices Seo-gu et al. (Presiding Justice)