Whether the period of filing a lawsuit under Article 20(2) of the Administrative Litigation Act shall apply to a case which can be brought in advance without waiting for a ruling due to justifiable grounds (negative)

The term "case that does not undergo a ruling" in Article 20 (2) of the Administrative Litigation Act refers to the case that does not refer to all the cases prescribed in each subparagraph of Article 18 (2) of the same Act, but is not able to wait for a ruling because it is impossible to go through a double ruling (in the case of Article 18 (2) 3 of the same Act, the case falls under this case). Although a ruling may be made, if 60 days have passed after the request for a ruling, there is an urgent need to prevent significant damages, or if there is any other justifiable reason, it does not constitute a case that can be brought in advance without waiting for a ruling, and the period of filing a lawsuit provided in Article 18 (1) of the same Act shall be applied only to such case.

Articles 18(2) and 20 of the Administrative Litigation Act

Changwon Industrial Co., Ltd., Counsel for the defendant-appellee and one other

National Agricultural Cooperative Federation

Seoul High Court Decision 89Gu1805 delivered on July 14, 1989

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

We examine the grounds of appeal by the Plaintiff’s attorney.

1. According to the reasoning of the judgment below, the court below held that the lawsuit of this case brought by the plaintiff as of December 24, 1988 against the defendant on the imposition of compensation for state property of this case as the claim for administrative appeal against the defendant as of December 28, 1988, and that the lawsuit of this case brought as of February 28, 1989 before the ruling was made was lawful as it was in the absence of a ruling within 60 days after the filing date of the request for administrative appeal. In accordance with Article 20 (2) of the Administrative Litigation Act, the lawsuit of this case was not brought after 180 days after the date when the plaintiff became aware of the disposition of this case, even though the lawsuit of this case was not brought after 180 days after the date when the disposition of this case became known, the lawsuit of this case was dismissed

2. However, the case that does not go through a ruling to which the time limit for filing a lawsuit under Article 20 (2) of the Administrative Litigation Act applies is not to refer all the cases prescribed in each subparagraph of Article 18 (2) of the same Act, but to the case that cannot go through a double ruling and it is not meaningful to wait for a ruling (in the case of Article 18 (2) 3 of the same Act, it falls under this case). Although a ruling may be made, if 60 days have passed after a request for a trial, it is urgently required to prevent significant damages, or if there is any other justifiable reason, it is not a case that can bring a lawsuit in advance without waiting for a ruling, but only the time limit for filing a lawsuit under Article 18 (1) of the same Act shall be applied to this case.

The reasons are as follows. First, with respect to a case which is brought through a ruling on an administrative appeal, the period for filing a lawsuit under Article 20 (1) of the same Act does not run as well as the period for filing a lawsuit under Article 20 (2) of the same Act, and even if the case which can be brought by a ruling is permitted to bring a lawsuit without waiting for a ruling in accordance with Article 18 (2) 1, 2 and 4 of the same Act, the above provision does not impose an obligation to bring a lawsuit to the parties in advance, so it is possible for the parties to bring a lawsuit. Thus, it shall be deemed that the period for filing a lawsuit does not run before the ruling is reached.Second, if the period for filing a lawsuit without waiting for the ruling is applied without being waiting for it, it shall be deemed that the period for filing a lawsuit goes against Article 20 (2) of the same Act and the period for filing a lawsuit shall be 60 days after the expiration of the period for filing a lawsuit, and if it becomes unreasonable, it shall not go against the fixed period for filing a lawsuit in advance 80 days.

After all, the above judgment of the court below was erroneous in interpreting the Act on the Period of Lawsuit as stipulated in the Administrative Litigation Act, and it is reasonable to discuss this point.

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)