The case holding that an administrative agency has omitted its determination on the party's assertion that the administrative agency did not have a reasonable period of implementation in making an appeal.

The case holding that an administrative agency has omitted its determination on the party's assertion that the administrative agency did not have a reasonable period of implementation in making an appeal.

Article 2 of the Administrative Litigation Act, Article 193(2) of the Civil Procedure Act

Plaintiff-Appellant Park Byung-il et al., Counsel for the plaintiff-appellant

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Seoul High Court Decision 88Gu6469 delivered on September 14, 1988

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

We examine the grounds of appeal.

According to the records, the plaintiff's failure to perform vicarious execution is an illegal cause for the disposition of the order of the change of the use of the original disposition of this case, and Article 2 of the Administrative Vicarious Execution Act provides that when an administrative agency intends to perform the vicarious execution by the specified deadline, it shall be notified in writing that the vicarious execution will be conducted by the specified deadline. The defendant sent the notice of this case's failure as of May 24, 198 and received it by the plaintiff on May 24, 198. Thus, the above execution period cannot be deemed to be a considerable period of implementation. If the plaintiff's assertion that the original disposition can not be seen as a considerable period of implementation, the original disposition can be revoked illegally, but the court below dismissed the plaintiff's request without making any judgment on this point.

Therefore, the judgment of the court below is erroneous in the misapprehension of the judgment on the facts alleged by the parties, which affected the conclusion of the judgment.

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 by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won