Since the filing of a lawsuit in the administrative litigation is a litigation requirement, it belongs to the court's ex officio examination matters and can not be a confession of the party.

Since the filing of a lawsuit in the administrative litigation is a litigation requirement, it belongs to the court's ex officio examination matters and can not be a confession of a party.

Article 2 of the Administrative Litigation Act, Article 261 of the Civil Procedure Act

Plaintiff

Gyeongbuk-do Branch Office

Daegu High Court Decision 65Gu42 delivered on July 21, 1967

The original judgment shall be reversed and the judgment

The case shall be remanded to the Daegu High Court.

We examine the Plaintiff’s agent’s grounds of appeal.

ex officio scamba,

According to the records, it is clear that the court below did not dispute the plaintiff's lawful procedure of appeal, followed again the main defense that the court below did not dispute the plaintiff's legitimate procedure, and judged that the confession did not comply with the proof that the confession was contrary to the truth and was caused by mistake, and therefore, the existence of a lawsuit in the institution of administrative litigation ( even if the court seeks to revoke the meaning of the declaration of invalidation), is the requirement of lawsuit, and the requirements for the lawsuit are subject to the court's ex officio examination, and it cannot be deemed that the court below did not go beyond the court's discretion, or that the confession did not go against the reason for the appeal, and thus, the judgment is reversed without examining the reasoning for the appeal.

Therefore, 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