After one month from the date of knowing that there was an administrative disposition, the source of lawsuit filed is illegal even if three months have not elapsed from the date of the disposition.

It is unlawful even if three months have not elapsed from the date of the disposition, since one month has passed from the date of becoming aware of the administrative disposition under the law of the source of lawsuit.

Article 3 (1) of the Sub-Action Act

[Judgment of the court below]

Minister of Commerce and Energy

Seoul High Court Decision 70Gu349 delivered on April 13, 1971

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

After one month from the date on which the plaintiff was aware of an administrative disposition, the plaintiff's agent who filed the lawsuit did not dismiss the illegal act even if three months have not passed from the date of the disposition, and there is no error in the judgment of the court below as to the same opinion, and the record reveals that the plaintiff's agent voluntarily stated in the preparatory document on February 24, 71, which was stated in the pleading on March 23, 71, the date on which the plaintiff received the judgment of the court below was received on August 7, 70, and there is no error in the decision of the court below that it was received on that day. The appeal is without merit, and it is so decided as per Disposition by the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Judge) of the Republic of Korea