In a lawsuit seeking revocation of an administrative disposition, the effective period of which exceeds the effective period, whether there is interest in the lawsuit (negative)

In a case where the effective period of an administrative disposition is fixed and the validity or execution of the disposition is not suspended, the effect of the administrative disposition is invalidated upon the expiration of the above period. Thus, there is no legal benefit to seek the cancellation of the disposition, unless there are special circumstances to deem that any legal benefit is infringed upon due to remaining appearance after the expiration of the period.

Article 12 of the Administrative Litigation Act

Supreme Court Decision 87Nu1230 Decided March 22, 1988, 87Nu1045 Decided January 17, 1989

[Defendant-Appellant] Plaintiff 1 and 2 others (Attorney Park Jae-hwan, Counsel for defendant-appellant-appellant)

The Gangwon-do Governor

Seoul High Court Decision 89Gu2389 delivered on June 12, 1989

The judgment of the court below is reversed.

The instant lawsuit is dismissed.

All costs of a lawsuit shall be borne by the plaintiff.

ex officio deemed.

In a case where the effective period of an administrative disposition is fixed and the validity or execution of the disposition is not suspended, the effect of the administrative disposition is invalidated at the expiration of the above period. Thus, there is no legal interest in seeking the cancellation of the disposition, unless there are special circumstances to deem that any legal interest is infringed upon by remaining shapes after the expiration of the period (see, e.g., Supreme Court Decisions 87Nu1230, Mar. 22, 198; 87Nu1045, Jan. 17, 1989).

According to the records, the administrative disposition of this case is about the suspension of the manufacture of the company from March 20, 1989 to April 18, 198 of the same year from March 20, 1989 to about 30 days, and it is clear that the above period has expired at the time of the closing of argument in the court below without any material to deem that the effect or enforcement of the above administrative disposition was suspended. Moreover, there is no particular circumstance that the above disposition infringes on any legal interest due to the remaining form of the disposition.

Therefore, even though the lawsuit of this case is illegal because there is no benefit, and thus, it is not proper to dismiss it, the court below erred in the misapprehension of legal principles as to the interest of the lawsuit in the administrative litigation.

Therefore, without examining the grounds of appeal, the judgment of the court below is reversed, and the case is dismissed, and the total costs of the lawsuit are assessed against the plaintiff. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ansan-man (Presiding Justice)