1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. The term "administrative disposition, which is the object of an appeal litigation regarding this safety defense, refers to, in principle, an act of an administrative agency's public act that directly affects the rights and obligations of the general public by ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects on a specific matter under laws and regulations. However, even if the grounds for a certain disposition are stipulated in administrative rules, if the disposition orders the other party to establish rights or the burden of obligations, or causes other legal effects, and thereby directly affects the other party's rights and obligations, it shall be deemed an administrative disposition subject

(1) The Supreme Court Decision 2001Du3532 Decided July 26, 2002; Supreme Court Decision 2003Du10251, 10268 Decided November 26, 2004, etc.). Meanwhile, the issue of whether an administrative agency’s act can be a subject of appeal cannot be determined abstractly or generally, and in specific cases, an administrative disposition is an act that directly affects the rights and obligations of the people as an enforcement of law with respect to specific facts conducted by an administrative agency as the subject of public authority. In light of the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law, the attitude of the administrative agency and interested parties related to the pertinent act, etc. shall be determined individually.

(See Supreme Court Decisions 91Nu1714 Decided January 17, 1992, and Supreme Court en banc Decision 2008Du167 Decided November 18, 2010, etc.). The foregoing are the same.