A. Determination on whether an applicant is eligible to seek an application to suspend the execution of an administrative disposition

(b) The case holding that it cannot be deemed that the president of the relevant university has a legal interest to seek an application for suspension of the execution of a construction permit disposition in the name of an individual, on the ground that the circumstance is acknowledged that the observation equipment under an installation plan in the premises of an adjacent university may not operate properly due to the construction of apartment houses,

A. Administrative litigation can only be instituted by a person who has a direct and specific interest in law due to the cancellation of administrative disposition by an administrative agency, and only those who have an indirect and de facto understanding can not be brought. The same applies to the determination of whether a person is eligible to file an application to suspend the execution of the administrative disposition.

B. The case holding that the applicant who is in the position of president of a university can not be deemed to have a direct and specific interest in the law seeking revocation or suspension of the construction permit in his/her name, inasmuch as the apartment building permit in the future is constructed and completed, and the automatic weather observation equipment in the construction plan cannot be operated properly on the rooftop of a high-tech science museum building located within the adjoining university premises, thereby hindering the research activities of professors using it or the class of students.

Articles 12 and 23 of the Administrative Litigation Act

[Judgment of the court below]

Attorney Kim Tae-tae, Counsel for the defendant-appellant of Busan Special Metropolitan City

Gangnam Housing Co., Ltd.

Busan High Court Order 94Da131 delivered on June 16, 1994

The reappeal is dismissed.

The grounds of reappeal are examined.

Administrative litigation can be instituted only by a person who has a direct and specific interest in law due to the cancellation of administrative disposition by an administrative agency, and only by a person who has an indirect and de facto interest, it can not be brought. The same applies to the determination of whether a person is eligible to seek suspension of execution against the administrative disposition.

Therefore, in the case of this case, as alleged by the applicant, the order of the court below that stated the purport of this case is correct, and there is no error in the misapprehension of the legal principle on the ground that the applicant who is the president of ○○ University cannot be deemed to have a direct and specific interest in seeking revocation of the instant construction permit disposition or suspension of execution thereof in his/her name, even though there is a circumstance that the automatic weather observation equipment in the installation plan on the rooftop of the advanced science museum building located within the premises of ○○ University could not operate properly. As a result, there is no reason to believe that the applicant who is the president of ○○ University cannot be deemed to have a direct and specific interest in seeking revocation of the instant construction permit disposition or suspension of execution thereof in his/her name.

Therefore, the re-appeal of this case by the applicant is dismissed, and it is so decided as per Disposition with the assent of all participating Justices.

Justices Park Jong-chul (Presiding Justice)