1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The Plaintiff is the owner of not less than 118,513 square meters of B forest land at Sejong-si, and the Defendant is the project implementer of C Corporation.

On June 27, 2016, the Plaintiff filed a civil petition with the Defendant for the adjustment of the routes of the underground tunnel section to prevent damage to the fleets, as the underground tunnel section (C and E) included in the above construction was designed to pass through four lower parts of the Plaintiff’s grave on the land owned by the Plaintiff.

On June 29, 2016, the Defendant sent a reply to the effect that it is difficult for the Defendant to adjust the route of the Plaintiff’s above civil petition.

(hereinafter referred to as “instant reply”). [Grounds for recognition] The Defendant’s main purpose of the instant lawsuit, as to the legitimacy of the instant lawsuit, is determined by the approval of the execution plan for the railroad construction project by the Minister of Land, Infrastructure and Transport, and the Defendant’s main purpose of the instant lawsuit is not to arbitrarily adjust the railroad route. As such, the Defendant’s reply is merely a notification of a simple civil petition, and does not constitute an administrative disposition that is subject to appeal litigation.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

In order for an administrative agency to reject a petition filed by a citizen to be an administrative disposition that becomes the subject of an appeal litigation, the right to request the administrative agency’s action under laws or sound reasoning must be required to the citizen. In a case where an administrative agency refuses to accept a petition filed by a citizen without the basis of such right, the rejection does not affect the applicant’s right or legal interest, and thus, it cannot

(see, e.g., Supreme Court Decision 2012Du22966, Jul. 10, 2014). According to the Railroad Construction Act, a railroad construction project implementer shall prepare an implementation plan for a railroad construction project including the scale, contents, project zone, project duration, and other matters prescribed by Presidential Decree and obtain approval from the Minister of Land, Infrastructure and Transport, and Article 9.