ENGLISH

- “Litigious benefit in a narrow sense” refers to the necessity to protect rights by resolving disputes through litigation.

- Since a litigious benefit in a narrow sense is one of the requirements for administrative litigation, if there is no litigious benefit in seeking the disposition’s revocation, the suit is dismissed without prejudice for failure to meet the requirements for litigation (Supreme Court Decision, February 24, 1987, 86 Nu 676).

- However, in a case where the effect of a disposition, etc. has been extinguished due to the passage of time, execution of the disposition, etc. or for any other reason, if there is a legal interest that would be reinstated by the revocation of such disposition, etc., then there is a litigious benefit (Latter part Article 12 of the Administrative Litigation Act).

- Judicial precedent provides that, where the effect of a disposition is limited in time, since the effect of the disposition would lapse on the expiry of the time period, litigious benefit in seeking the disposition's revocation or affirmation of its nullity shall not in principle be recognized after the expiry of the time period (Supreme Court Decision, July 10, 1992, 92 Nu 3625).

- However, where there are special circumstances in which a disposition's existence in its external form can be said to be infringing on a certain legal interest, there are instances where exceptions would be accepted.

- If the execution of the disposition has been completed, the effect of such disposition is extinguished and its reinstatement is generally impossible and, as such, litigious benefit would be denied in principle.

- However, even after the execution of the disposition has been completed, if there is a concern that a person may suffer a detriment by reason of the disposition, or revocation of the disposition gives rise to a legal obligation of reinstatement, then there may be instances where exceptions would be accepted.

- If after the disposition, etc., the regime is repealed due to an amendment or repeal of the applicable statute and the disposition itself becomes invalidated, then, because there is no possibility that an interest that has been infringed by such disposition could be reinstated, litigious benefit would be denied in principle.

- There was an instance where, after a disciplinary disposition in respect of a public official, reinstatement of his/her position became impossible due to a change in the circumstances. In that instance, litigious benefit was recognized in consideration of matters such as a claim for wages.

- If a disposition is revoked in full or in part by the administrative agency with authority, in terms of its legal effect the relevant disposition becomes void with retroactive effect as a result of the judgment on revocation being made final and conclusive. Accordingly, litigious benefit is not recognized in relation to a suit which seeks to revoke the part the legal effect of which has been extinguished.

- There are cases where, due to fresh circumstances arising after the disposition, benefit infringement ceases to exist. In such cases, litigious benefit would be extinguished.