Whether a judgment by the Tribunal to find the causes of a marine accident is subject to administrative litigation (negative)

Among the rulings of the Central Maritime Accident Inquiry Agency, the part on which the cause of the marine accident is examined can not be considered as an administrative disposition, which is the power of an administrative agency that has the effect of forming and confirming the rights and obligations of the people, which is not an administrative disposition subject to administrative litigation

Articles 5 and 65 of the Marine Accidents Inquiry Act, Article 1 of the Administrative Litigation Act

Supreme Court Decision 77Hu21 Decided September 26, 1978 delivered on July 26, 1977

An investigator of the Central Maritime Accident Inquiry Agency (Plaintiff)

The Director of the Central Maritime Accident Inquiry Agency

The Central Maritime Accident Inquiry Agency No. 81-24 judgement of the Central Maritime Tribunal on November 19, 1981

The appeal shall be dismissed.

The costs of appeal shall be borne by the plaintiff.

Before determining the grounds of appeal, this paper examined ex officio.

In the judgment of the Central Maritime Accident Inquiry Agency, the part on which the cause of the marine accident is examined cannot be deemed an administrative disposition, which is the power of an administrative agency that has the effect of forming and confirming the rights and obligations of the people, which is not an administrative disposition subject to administrative litigation. In the case of this case (see Supreme Court Decision 76Hu16, Jul. 26, 1977; Supreme Court Decision 77Hu21, Sept. 26, 1978; each of the Supreme Court Decision 77Hu21, Sept. 26, 197), it is clear that the plaintiff sought revocation of the part on the cause of the marine collision of the ship of this case among the original judgment, and it cannot be deemed an administrative disposition subject to administrative litigation as described above. Accordingly, it is not necessary to examine the purport that the judgment should not be avoided because there is any violation of rules of evidence, incomplete deliberation, or misapprehension of legal principles, which points out in the theory of lawsuit, and it is not justified.

Therefore, the appeal of this case is unlawful and dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Shin Jong-young (Presiding Justice)