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TITLE Supreme Court Decision 2018Du67251 Decided June 25, 2020 【Damages (Etc.)】 [full Text]
Summary
[1] In a case involving the residents’ request for inspection pursuant to Article 16(1) of the Local Autonomy Act, whether “it shall be found that the relevant affairs have been handled in violation of statutes or their performance substantially undermines public interest” constitutes a requirement for the lawfulness of the residents’ request for inspection or residents’ lawsuit (negative)
[2] In a case where, although the residents’ request for inspection satisfies all of the requirements for lawfulness required by the Local Autonomy Act, the inspection authority misconstrued the relevant request as unlawful and issued a decision dismissing the said request without further proceeding to conduct a specific investigation or make a determination in this regard, whether the residents who have filed a request for inspection may bring a lawsuit, which is the relief procedure provided as a next step in the Local Autonomy Act, instead of contesting the said unlawful decision in a separate appeal procedure (affirmative)
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