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Main Issues
Whether an application for an appeal is applied to an administrative litigation case (negative)
Summary of Judgment
An application for an appeal under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and it is obvious that there is no application for administrative litigation cases in light of Article 2 of the same Act
[Reference Provisions]
Article 12 of the Act on Special Cases concerning Facilitating Litigation
New Secretary-General
Applicant
upper protection room:
Head of Busan Metropolitan City;
Judgment of the lower court
Daegu High Court Decision 81Gu120 delivered on August 17, 1982
Text
The appeal shall be dismissed.
Reasons
An application for a final appeal as prescribed in Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and it is obvious that the application is not applied to administrative litigation cases such as this case.
Therefore, this case's application for appeal is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young