[1] The meaning of an administrative disposition subject to appeal litigation

[2] The case holding that the framework plan for sewerage maintenance under Article 5-2 of the former Sewerage Act does not constitute an administrative disposition subject to appeal litigation

[1] An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which is an act directly related to the duty of rights of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or causing other legal effects, and an act that does not directly change legal status of the other party or other interested persons, is not an administrative disposition that is the object

[2] The case holding that the framework plan for sewerage management established with the content of establishing a wide-area sewage terminal treatment facility after amending the existing framework plan for sewerage management under Article 5-2 of the former Sewerage Act (amended by Act No. 5300 of March 7, 1997) does not constitute an administrative disposition subject to appeal litigation

[1] Articles 1 [General Administrative Disposition], 2, and 19 of the Administrative Litigation Act / [2] Article 5-2 of the former Sewerage Act (amended by Act No. 5300 of March 7, 1997), Article 1 [General Administrative Disposition], Articles 2, and 19 of the Administrative Litigation Act

[1] Supreme Court Decision 93Nu631 delivered on October 26, 1993 (Gong1993Ha, 3192), Supreme Court Decision 94Nu962 delivered on March 14, 1995 (Gong1995Sang, 1636), Supreme Court Decision 96Nu433 delivered on March 22, 1996 (Gong1996Sang, 1418), Supreme Court Decision 96Nu6202 delivered on July 10, 1998 (Gong198Ha, 2123), Supreme Court Decision 98Du15863 delivered on June 25, 199 (Gong199Ha, 1523), Supreme Court Decision 9Nu29989 delivered on August 29, 199 (Gong199Ha, 1523).

○○○○○ and fourteen others (Attorney Lee Yong-hoon, Counsel for the defendant-appellant)

Article 20 (Court's Circuit, Counsel for defendant-appellant)

Gwangju High Court Decision 2001Nu177 decided Nov. 9, 2001

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which is an act of ordering the establishment of a right or an obligation under an Act and subordinate statutes with respect to a specific matter, or causing other legal effects, and an act that does not directly cause legal changes in the legal status of the other party or other related persons, is not an administrative disposition that is subject to an appeal litigation (see, e.g., Supreme Court Decision 98Du18435, Oct. 22, 199).

In the same purport, the court below decided that the above framework plan for sewerage management does not constitute an administrative disposition that is subject to appeal litigation, and there is no error in the misapprehension of legal nature of the administrative plan or the misapprehension of legal principles as to the Sewerage Act, etc., which are subject to appeal litigation, as alleged in the grounds of appeal. The court below did not err in the misapprehension of legal principles as to the legal nature of the administrative plan or the sewerage Act, which are subject to appeal litigation, as otherwise alleged in the grounds of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Son Ji-yol (Presiding Justice)