The case holding that it is not an administrative disposition subject to an administrative litigation

The term "administrative disposition" means a legal act of an administrative agency under the public law, which establishes a right pursuant to laws and regulations, requires obligations, and causes other legal effects only for a specific case. The subject matter of administrative litigation is a dispute over specific rights and obligations, and the subject matter of administrative litigation is not a direct change in the specific rights and obligations of the people. Thus, it is not an administrative disposition that is subject to administrative litigation because the instruction and cooperation on internal administrative affairs between administrative agencies do not directly cause any direct change in the specific rights and obligations of the people. Thus, the direction, request, inquiry, reply, notification, etc. mentioned by the plaintiff are not

Article 1 of the Administrative Litigation Act

Supreme Court Decision 69Nu4 Decided May 27, 1969

Korean Film Council, an incorporated association,

Minister of Delivery

The action shall be dismissed.

Litigation costs shall be borne by the plaintiff.

The plaintiff shall revoke the whole of the following and the disposition made by the defendant:

The judgment that the litigation costs should be borne by the defendant was sought.

(1) Instructions on the placement and education of the national flag to the subordinate agencies of literature delivery on May 13, 1968

(2) request each government agency and each public bulletin department on the same day to have a standard sign.

(3) On April 29, 1968, the answer to questions concerning the validity and manners of the fixed size of the solar flag sent to the superintendent of education of the Gangwon-do Board of Education;

(4) On July 7, 1967, the interval between each government agency and each government agency and each government agency and each government agency and each government agency shall be one half of the effective width and shall be narrow to be determined.

(5) On March 19, 1962, the examination of the specifications of the national flag salary and the determination of the price of the non-party red goods

(6) On March 9, 1962, notice of the examination of specifications and determination of the national flag salary to the Administrator of the Interior;

(1) When we see the plaintiff's cause of action, the plaintiff is a juristic person established with the purpose of making the nation recognize the national flag properly and properly, and as a result, the plaintiff has made every effort to establish the proper figure and the meaning of the symbol of the Republic of Korea and to promote the enlightenment, which is a symbol of the Republic of Korea, and has been made for the purpose of establishing the proper figure and the purport thereof, and to promote the enlightenment. Each disposition such as the defendant's own figures and the purport of the national flag established as such without recognizing the figures and the purport of these figures, which is against the correct figure and the purport of the solar flag, is against each disposition, and the plaintiff filed a lawsuit as of June 7, 1968 to seek the revocation, and thus, the plaintiff was dismissed. Thus, the plaintiff's unfair dismissal disposition of the defendant was revoked by this action.

However, the original administrative disposition is a legal act of an administrative agency under the public law, which establishes a right under the law, issues an obligation, and causes other legal effects with regard to a specific case. It is a dispute with regard to specific rights and obligations, and it cannot be an object of administrative litigation because the instruction and cooperation among administrative agencies do not directly change the specific rights and obligations of the people. Thus, the defendant's instruction, request, inquiry, response, notification, etc. mentioned in paragraphs (1) through (4) and (6) mentioned in the plaintiff's claim cannot be deemed an administrative disposition that can be an object of administrative litigation, and therefore, the plaintiff's claim with regard to that part cannot be deemed an illegal administrative disposition that is based on the premise that it can be an object of administrative litigation. On the other hand, the plaintiff's lawsuit cannot be filed within the period of three months after the plaintiff's claim was made within the period of three months from the date of the above administrative disposition. Thus, the plaintiff's lawsuit cannot be filed within the period of three months from the date of the above administrative disposition.

2. Therefore, it is decided as per Disposition by applying Article 14 of the Administrative Litigation Act and Article 89 of the Civil Procedure Act with respect to the burden of litigation costs.

Judges Jeong Tae-won (Presiding Judge)