A. The meaning of an administrative disposition subject to an appeal litigation

(b) The case holding that a disposition which the shipping authority instructs the ship owner to take measures to pay retirement allowances under the Seafarers Act shall not be subject to appeal litigation;

A. The term "administrative disposition", which is the object of an appeal litigation, means an act of an administrative agency under public law, which causes direct change in the legal status of the other party and other persons concerned, such as ordering the establishment of rights or the burden of obligations under Acts and subordinate statutes and giving rise to other legal effects with respect to a specific matter, and an act which does not cause direct legal change in the legal status of the other party and other persons concerned, such as actions, intermediation, solicitation, de facto notification,

B. In the form of notification of the result of handling a petition to a shipowner under Article 109 of the Seafarers Act, if there are grounds stipulated in the Labor Standards Act even in the case of retirement which is not a reason stipulated in Article 52 of the Seafarers Act, the relevant seafarer shall pay a retirement allowance according to the above provision. If the Maritime Affairs and Fisheries Office instructed the measures to be taken, such disposition is not an administrative disposition which directly changes the shipowner's specific rights and duties, but a disposition which is recommended in relation to the payment of a retirement allowance, so it is reasonable to interpret that it

Article 2 of the Administrative Litigation Act, Article 109 of the Seafarers Act

Supreme Court Decision 67Nu44 Decided June 27, 1967

Upon completion of the attorney-at-law in Korea Fisheries Development Corporation

Incheon Regional Minister of Maritime Affairs and Fisheries Attorney Ansan-gu

Seoul High Court Decision 77Gu489 delivered on August 1, 1978

The judgment of the court below is reversed and the case is dismissed.

ex officio, health class;

The term "administrative disposition" means a single act that establishes a right under the law, orders an obligation, and takes other legal effects with respect to a specific case as a juristic act of an administrative agency under the public law. Since an administrative litigation is established under the premise of a dispute over specific rights and obligations by interpreting the rules of law regarding a specific case in its nature, it shall be interpreted that an administrative disposition subject to appeal is an act under the public law such as ordering the establishment of a right or the burden of an obligation with respect to a specific matter under the law, and other acts that cause direct change in the rights and obligations of the people. Thus, it shall be interpreted that an act within the administrative authority's legal status such as referral, solicitation, and de facto notification cannot be subject to appeal litigation (see Supreme Court Decision 67Nu44, Jun. 27, 1967; Supreme Court Decision 200Du1559, May 195, 200). According to the records of this case, it shall not be deemed that the result of the above investigation is not subject to appeal against the plaintiff's retirement allowance plan under Article 15 of the Labor Standards Act.

However, according to Article 109 of the Seafarers Act, if it is recognized that there is a violation of this Act or any order issued under this Act, the maritime authorities may take necessary measures against the owner of the ship or crew, and it is clear that the maritime authorities can take such measures, and the defendant's dispositions such as the above statements can be considered as dispositions made under the above Article of the above Act. However, it is reasonable to say that the defendant's dispositions such as the above statements are the contents of the above dispositions, in light of the circumstances in which the defendant's dispositions were made or the contents of the above dispositions are taken, it is reasonable to say that the seafarers, who were on board the 51 public waters owned by the plaintiff, should be ordered to take measures to the effect that the retirement allowance should be paid if there is a reason under Article 28 of the Seafarers Act, not the reason under Article 52 of the Seafarers Act, if there is a reason under the above provision of the Labor Standards Act. (In light of the records, there is no material about whether the above seafarers have worked for more than one year under Article 28 of the Labor Standards Act and the amount of retirement allowance.

Thus, the above disposition, which is the object of the dispute of this case, shall not be an administrative disposition as a recommended disposition of the nature of recommendation (it shall be a pleading that becomes the object of a civil lawsuit) and it shall not be an object of an appeal litigation. Thus, the court below erred by misapprehending the legal principles as to an administrative disposition which is the object of an appeal litigation, and by misapprehending the legal principles as to an administrative disposition which is the object of an administrative litigation, which is the object of an appeal litigation.

Therefore, the subject matter of an appeal litigation shall be subject to ex officio investigation with respect to the requirements for litigation, so the disposition of this case shall not be deemed an administrative disposition subject to an administrative litigation, as stated in the above statement, and it cannot be deemed unlawful since it cannot be corrected. Therefore, without examining the plaintiff's grounds of appeal, a party member is reversed ex officio the judgment below, and it is so decided as per Disposition with the assent of all participating judges who

Justices Kim Tae-tae (Presiding Justice)