Whether a lawsuit seeking the revocation of an administrative disposition can be brought again to seek the invalidity confirmation even though the lawsuit has become final and conclusive (negative)

When a judgment dismissing a request for cancellation of an administrative disposition becomes final and conclusive, res judicata has effect on the legitimacy of the disposition, and the relevant administrative agency as well as the plaintiff of the lawsuit is bound by it. Therefore, as long as the judgment has become final and conclusive in the judgment that the disposition of dismissal is not illegal, the plaintiff cannot seek nullification thereof again.

Article 30 of the Administrative Litigation Act

Supreme Court Decision 4291Sang60 Delivered on September 26, 1960

Plaintiff

The President of the Jeonbuk Farmland Improvement Association

Gwangju High Court Decision 91Gu2662 delivered on April 10, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, the court below determined that since the plaintiff filed a lawsuit against the defendant for the cancellation of the disposition on the dismissal from office of a member of the Council of Gwangju High Court as 89Gu274, and filed a final appeal against October 17, 1989, which lost the plaintiff's appeal on July 24, 1990 (which became final and conclusive on July 24, 1990) and the judgment dismissing the plaintiff's claim on the cancellation of the administrative disposition becomes final and conclusive, res judicata has become effective as to the fact that the disposition is legitimate because the plaintiff's appeal became final and conclusive on July 24, 1990 (see Supreme Court Decision 429Nu7030 delivered on September 26, 1960) and the relevant administrative agency as well as the plaintiff's plaintiff is bound by this decision (see Supreme Court Decision 4291Da160 delivered on September 26, 1960).

In light of the records, the above determination by the court below is just, and there is no illegality in its determination, and the theory of lawsuit cannot be accepted as it is contrary to the res judicata of the judgment of the above Gwangju High Court 89Gu274, which became final and conclusive, and therefore, the court below's failure to review this cannot be deemed unlawful.

The issue is groundless.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.