(a) The significance of the administrative agency that is the other party eligible for an appeal litigation;

(b) Whether a disposition on housing site development projects and relocation measures therefor taken by the Korea National Housing Corporation is subject to appeal litigation (affirmative);

(c) Whether an act of a project implementer who refused a request by a person who provided land, etc. to implement a project under the Housing Site Development Promotion Act for the special sale of land falls under Article 8 of the Special Compensation for Public Loss and Compensation for Loss, constitutes an administrative disposition subject to appeal

A. An appeal litigation may be filed against an administrative agency which has rendered a disposition, etc. against a disposition, etc. of an administrative agency, and the administrative agency is entitled to take a disposition, etc., and it includes not only the administrative agency such as the State or local government, but also the administrative agency, public organization and its agency or private person delegated or entrusted with the administrative authority under Acts and subordinate statutes, which are based on special Acts and subordinate statutes, and is a special administrative agency whose special purpose of existence is independent of the State or local government as an administrative agency and whose existence is its existence under special supervision of the State.

B. The Korea National Housing Corporation's purpose of establishment, nature of handling work, authority and duty of Korea National Housing Corporation, and nature and contents of housing site development projects, if the same construction is implemented in accordance with relevant Acts and subordinate statutes, it shall be deemed that the authority of administrative action legally granted shall be exercised. Therefore, a disposition regarding housing site development projects

C. According to Article 8 of the Special Act on the Compensation for Public Loss and Compensation for Residents, a project implementer shall take measures for resettlement for those who would lose their means of livelihood by providing land, etc. necessary for the implementation of a public project, and if the project implementer establishes measures for resettlement for those who provided land, etc. for the implementation of a project pursuant to the Housing Site Development Promotion Act, the said measures for resettlement are deemed to give legal benefits to those who cooperate in the public project the opportunity to demand special supply. Therefore, the right to request special supply is recognized, and therefore, the project implementer's refusal of such measures to those who requested special purchase on

(a) Article 27 of the Administrative Litigation Act (General Rule of Administrative Litigation). (b) Articles 2, 19, and 1 (General Rule of Administrative Disposition) of the same Act; (b) Articles 9 and 18(c) of the Korea National Housing Corporation Act; Article 8 of the Public Compensation for Loss;

C. Supreme Court Decision 91Nu2649 delivered on January 21, 1992 (Gong1992, 924)

[Judgment of the court below]

Korea National Housing Corporation (Attorney Kim Jong-jin et al., Counsel for the defendant-appellant)

Seoul High Court Decision 90Gu8383 delivered on January 29, 1992

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

1. As to the grounds of appeal Nos. 1 and 3

An appeal litigation may be filed against an administrative agency which has rendered a disposition, etc. against a disposition, etc. of an administrative agency, and the said administrative agency shall include not only the administrative agency such as the State or local government having the authority to make a disposition, etc., but also the administrative agency, public organization and its agency or private person delegated or entrusted with the administrative authority under Acts and subordinate statutes, which are based on special Acts and subordinate statutes, and is a special administrative agency having special purpose of existence independently from the State or local government as an administrative agency and are subject to special supervision of the State.

The defendant is a juristic person established for the purpose of contributing to the stabilization of national living and the promotion of public welfare by constructing, supplying and managing housing under the Korea National Housing Corporation Act and improving defective housing (Article 9(1)), where the defendant executes a housing site development project, etc. under the Housing Site Development Promotion Act, and the Minister of Construction and Transportation or the head of a local government may entrust part of his authority to the defendant (Article 9(2)), and the Minister of Construction and Transportation may guide and supervise the defendant's work to the necessary extent (Article 18). Meanwhile, the housing site development project aims to contribute to the stabilization of national housing and the improvement of public welfare through the acquisition, development, supply and management of housing sites necessary for the housing construction in order to solve the urgent housing shortage in an urban area, while the housing site development project is designated by the Minister of Construction and Transportation, the implementation of the project can be conducted with the approval of the Minister of Construction and Transportation from among the State, local governments, the Korea Land Development Corporation or the Korea National Housing Corporation, and the implementer is supervised by the Minister of Construction and Transportation, and the Minister exercises the authority under relevant Acts and subordinate statutes.

If so, a disposition on the housing site development project and the relocation measures taken by the defendant is a disposition subject to appeal litigation, and if the disposition is unlawful, the revocation lawsuit may be instituted against the defendant.

On the other hand, the court below's decision that the defendant is not a defendant-qualified administrative agency is erroneous in the misunderstanding of legal principles as to the defendant-qualified administrative agency's qualification in an appeal litigation. Therefore, the ground for appeal

2. As to ground of appeal No. 2

According to Article 8 of the Special Act on Compensation for Public Loss and Compensation for Residents, a project implementer shall take measures for relocation for those who are deprived of their base of livelihood by providing land, etc. necessary for the implementation of a public project, and if the project implementer establishes measures for relocation of those who provided land, etc. for the implementation of a project pursuant to the Housing Site Development Promotion Act, the above measures for relocation shall be deemed as giving legal benefits to those who cooperate in the public project an opportunity for special supply. Therefore, the right to apply for special supply is recognized, and therefore, the project implementer's refusal of such measures to those who requested special purchase on the ground that they fall under the above provision is subject to appeal litigation (see Supreme Court Decision 91Nu2649 delivered on

Unlike this, the court below's decision that the defendant's refusal disposition of this case is not subject to appeal litigation is erroneous in the misunderstanding of legal principles as to the subject of appeal litigation, and therefore, it is reasonable to point this out.

3. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition with the assent of all Justices