1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reason why this court is used in this part of the basic facts is as stated in the judgment of the court of first instance, except where the court renders “civil petition” (hereinafter “instant civil petition”) to “civil petition” and the same fifteen (hereinafter “instant disposition”) to “civil petition” (hereinafter “instant notice”), so it is identical to the entry in the part concerning “1. Disposition” (hereinafter “instant notice”). Thus, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The allegations by the parties and the reasons why this Court is used in this part of the relevant laws and regulations are as stated in the part on “A. Party’s argument” and the part on “B. related Acts and subordinate statutes” (Articles 3 through 4, 10 and 2) of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the main defense of this case

A. If a notification made by a relevant law administrative agency to a citizen’s application is an administrative disposition that is subject to appeal litigation, the right to file an application under the law or sound reasoning demanding the administrative agency’s action must be required to the citizen. In a case where an administrative agency does not accept a citizen’s application without such right to file an appeal, the refusal does not affect the applicant’s right or legal interest, and thus, it cannot be deemed an administrative disposition

In addition, with respect to an administrative disposition that has become insolvent due to the lapse of the filing period, there is a right to request the modification of the administrative disposition to the people unless there are special circumstances, such as the right to request the modification in the individual law or the right to request such modification can be recognized by interpretation of the relevant

subsection (3) of this section.

(See Supreme Court Decision 2005Du11104 Decided April 26, 2007). Moreover, the disposition agency that issued an administrative disposition is defective in the disposition.