Where a request for examination against the Board of Audit and Inspection is dismissed or rejected, it shall be subject to appeal

In case where the Board of Audit and Inspection makes a request for examination of an administrative disposition against a person subject to audit by the Board of Audit and Inspection as referred to in Article 46 of the Board of Audit and Inspection Act and the Board of Audit and Inspection has dismissed or rejected such a request, an interested person may only file an appeal against the original administrative disposition subject to such request for examination and may not file an appeal against the Board of Audit and Inspection for cancellation of such request for examination against the said Board of Audit and Inspection.

Article 46 of the Board of Audit and Inspection Act, Article 1 of the Administrative Litigation Act

Supreme Court Decision 67Nu44 Decided June 27, 1967

Plaintiff

Chairman General

Seoul High Court Decision 84Gu1004 delivered on March 18, 1985

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

As the Board of Audit and Inspection’s decision and its notification under Article 46 of the Board of Audit and Inspection Act cannot be deemed as a disposition directly related to the rights and duties or other legal relations of the people, they cannot be deemed as an administrative disposition subject to appeal litigation. Therefore, in a case where the Board of Audit and Inspection makes a request for an administrative disposition against a person subject to audit by the Board of Audit and Inspection, and the Board of Audit and Inspection has dismissed or rejected the request for examination, the interested parties can only file an appeal litigation against the original administrative disposition subject to the request for examination, and the Board of Audit and Inspection may not file an appeal lawsuit against the Board of Audit and Inspection seeking a revocation of the request for examination or the decision for rejection (see Supreme Court Decision 67Nu44, Jun. 27, 1967). The court below is just and there is no error of law by misunderstanding legal principles as to the subject of appeal litigation, such as the theory of lawsuit, and therefore, there is no ground to

Therefore, the appeal is 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.

Justices Kang Jin-young (Presiding Justice)