The meaning of the proviso of Article 2 (1) of the Administrative Litigation Act that "an action may be brought without disregarding the adjudication of a commissioner."

The legitimate reason that can directly file a lawsuit under the proviso of Article 2 (1) of the Administrative Litigation Act refers to the reason that the lawsuit is filed but the lawsuit does not directly file a lawsuit without waiting the ruling, and it does not mean the case that the lawsuit is directly filed without filing a lawsuit.

Article 2 of the Administrative Litigation Act

November 23, 1971, Decision 71Nu134 delivered on November 23, 197

Plaintiff Company

Minister of Communications;

The litigation of this case shall be dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant's disposition of restricting participation in bidding against the plaintiff on February 2, 1980 shall be revoked.

Judgment that the lawsuit costs shall be borne by the defendant

First of all, we examine whether the lawsuit of this case without the plaintiff's ruling is legitimate, and the plaintiff's attorney constitutes "when the lawsuit of this case is likely to cause serious damage due to the plaintiff's ruling, or other justifiable grounds exist" under the proviso of Article 2 (1) of the Administrative Litigation Act, and therefore, the lawsuit of this case was brought in a lawsuit of this case immediately without filing a complaint against the disposition of this case. However, the legitimate reason for which a direct lawsuit may be brought pursuant to the proviso of Article 2 (1) of the Administrative Litigation Act does not mean a case where a direct lawsuit is not brought without waiting for the judgment, but it means a case where a direct lawsuit is not brought without waiting for the judgment, and it can be interpreted as a gram natural sense. Thus, the lawsuit of this case directly brought without filing a suit is an unlawful lawsuit without going through the previous trial procedure as provided in Article 2 of the Administrative Litigation Act.

Therefore, the lawsuit of this case shall be dismissed, and the costs of the lawsuit shall be borne by the plaintiff who has lost. It is so decided as per Disposition.

Judges Hong Man Pung (Presiding Judge) Kim Full-time Education