1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons for this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the case where “instant disposition” is changed to “instant notice” under the third part of the judgment of the court of first instance, and thus, the reasons for this part are as follows.

2. Determination as to the legitimacy of the instant lawsuit (ex officio determination)

A. An administrative disposition, which is the subject of an appeal litigation of relevant legal principles, shall be construed as an act of an administrative agency under public law, which is directly related to the rights and obligations of citizens, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or giving rise to other legal effects. Thus, barring special circumstances, the notice of reply to inquiries shall not directly change the legal status of the other party or other related persons, and thus, it shall not

(See Supreme Court Decision 81Nu283 delivered on February 22, 1983, etc.). In addition, in order for an administrative agency to become an administrative disposition subject to appeal against a citizen’s application, the right to file an application under the law or sound reasoning requesting the administrative agency’s action must be required for citizens. In a case where an administrative agency does not accept a citizen’s application without the basis of the right to file an appeal, the refusal does not affect the applicant’s right or legal interest, and thus, it cannot be deemed an administrative disposition subject to appeal litigation. The existence of the right to file an application, which is a prerequisite for recognizing a disposition of rejection, is an abstract determination by examining, in a specific case, the applicant’s right to file an application without considering who is the applicant

Supreme Court Decision 84Nu227 Decided October 23, 1984, Supreme Court Decision 2004Du11626 Decided April 15, 2005, Supreme Court Decision 2004Du1626 Decided April 10, 2009