[Plaintiff, Appellant] Plaintiff
[Defendant, Appellee] Head of Dongjak-gu Office, Seoul Metropolitan Government (Litigation representative: Law Firm Yiyu, Attorneys Byun Min-hyeok and 5 others)
[Judgment Below] Seoul High Court Judgment 2025Nu6390 rendered on October 2, 2025
[Order]
The part of the judgment below concerning the claim for confirmation of nullity and the claim for confirmation of non-existence of the ex officio cancellation of the seal registration, and the part concerning the claim for damages, are reversed, and this part of the case is remanded to the Seoul High Court. The plaintiff's remaining appeal is dismissed.
[Reasoning]
The grounds of appeal (including the descriptions in each brief submitted after the period for submitting the grounds of appeal had expired, to the extent they supplement the grounds of appeal) are examined.
1. Outline of the Case
According to the reasoning of the judgment below and the record, the following facts may be ascertained.
A. The plaintiff, an overseas Korean national who had filed a report of domestic residence, filed a seal registration with the defendant, the certifying authority having jurisdiction over the plaintiff's domestic residence, on February 27, 2012, pursuant to Article 3(4) of the former Certified Sealing Act (인감증명법) (before its amendment by Act No. 13018 on January 20, 2015; hereinafter the same).
B. The plaintiff permanently returned to Korea and, on December 17, 2012, re-registered resident registration at the address previously reported as the place of residence.
C. On April 20, 2023, the plaintiff's agent applied for issuance by proxy of a certificate of seal registration at the Sangdo 1-dong Community Service Center in Seoul, but the staff of the said community service center refused to issue the certificate of seal registration on the ground that the plaintiff's seal registration had been ex officio cancelled.
D. The plaintiff filed the instant lawsuit against the defendant seeking confirmation of nullity of the ex officio cancellation of the plaintiff's seal registration (hereinafter "the instant ex officio cancellation"), asserting that the defendant had, on or around December 17, 2012, ex officio cancelled the plaintiff's seal registration on the ground of the plaintiff's re-registration of resident registration without any statutory basis. The plaintiff, in the proceedings before the court below, added, as an alternative claim, a claim for confirmation of non-existence of the instant ex officio cancellation, and also added a claim for restoration of the cancelled seal registration and a claim for damages.
2. Whether the Part of the Instant Lawsuit Concerning the Claim for Confirmation of Nullity, etc. of the Instant Ex Officio Cancellation and the Claim for Damages Is Lawful
A. Judgment of the Court Below
The court below determined that the part of the instant lawsuit concerning the claim for confirmation of nullity and the claim for confirmation of non-existence of the instant ex officio cancellation was unlawful, for the following reasons, and further determined that, since the appeal-type litigation seeking confirmation of nullity, etc., which is the original cause of action, was entirely unlawful, the claim for damages, which is a related claim consolidated therewith, likewise failed to meet the requirements for a lawsuit and was therefore unlawful.
1) Under the former Certified Sealing Act, the seal registry is intended for the convenience of administrative handling of matters related to certification of seals and to serve as material for factual certification, and any change or deletion of its contents does not bring about any change in the substantive rights and legal relations of the applicant, nor does the mere entry in the seal registry certify any particular right or legal status of the applicant. Therefore, the act of the certifying authority in ex officio cancelling a seal registration cannot be regarded as an administrative disposition that is subject to appeal-type litigation.
2) Even if a claim for confirmation of nullity of a certificate of seal registration is upheld, this does not thereby restore any right of the applicant that has already been infringed, nor does it directly give rise to any new right related thereto. Since the plaintiff, having permanently returned to Korea and re-registered resident registration, ceased to be a person who had reported domestic residence, the plaintiff could not, even upon obtaining confirmation of nullity of the instant ex officio cancellation, receive issuance of a certificate of seal registration based on the seal registered for use by overseas Korean nationals who have reported domestic residence; therefore, the plaintiff has no legal interest in seeking confirmation of such nullity.
B. Judgment of the Supreme Court
The judgment of the court below is difficult to accept, for the following reasons.
1) The question of whether a certain act of an administrative agency may be subject to appeal-type litigation cannot be determined abstractly and generally. In a specific case, bearing in mind that an administrative disposition is an act performed by an administrative agency as the subject of public power, constituting the enforcement of law with respect to specific facts, which directly affects the rights and obligations of citizens, the determination must be made individually, taking into account the content and purport of the relevant statutes, the subject, content, form, and procedure of the act, the substantial connection between the act and the disadvantage suffered by the other party or other interested persons, the principle of administration according to law, and the attitude of the administrative agency and interested persons in relation to the act in question (see Supreme Court Decision 91Nu1714 rendered on January 17, 1992; Supreme Court en banc Decision 2008Du167 rendered on November 18, 2010, etc.). A certificate of seal registration serves a very important function in transactions among the general public, as material that certifies both the identity of the seal itself and the identity of the party to a transaction, as well as confirming that the transaction was carried out based on the will of the actor (see Supreme Court Decision 2006Da63273 rendered on July 24, 2008, etc.). The registration of a seal is a prerequisite for utilizing the certified sealing system and is closely related to the substantive rights and legal relations of the applicant for the seal in question. Therefore, not only the act of the certifying authority refusing an application for issuance of a certificate of seal registration, but also the act of cancelling a registered seal, affects the rights and legal relations of citizens and constitutes an administrative disposition subject to appeal-type litigation.
2) In the case of appeal-type litigation, a final and conclusive judgment revoking a disposition, etc. or confirming its nullity binds the administrative agency that is a party thereto and other related administrative agencies with respect to that case (Article 30(1) and Article 38 of the Administrative Litigation Act (행정소송법)). Once a judgment determining a certain disposition to be unlawful and revoking it, or confirming its nullity, becomes final and conclusive, the administrative agency has an obligation, in accordance with the binding force thereof, to take a new disposition excluding the grounds of illegality identified in the judgment, or otherwise to take measures to remove the unlawful result (see Supreme Court Decision 2019Du55675 rendered on December 24, 2020, etc.).
If a judgment confirming that the instant ex officio cancellation is an unlawful and void disposition becomes final and conclusive, the defendant would be obligated to take measures such as restoring the seal registration filed by the plaintiff in the plaintiff's capacity as an overseas Korean national who reported domestic residence. Therefore, absent special circumstances, it must be held that there is a legal interest in seeking confirmation of nullity of the instant ex officio cancellation (Supreme Court Decision 2000Du2136 rendered on July 10, 2001, cited by the court below, concerns the existence of a legal interest in seeking confirmation of nullity of an "act of certifying a seal," which differs in its factual context from the instant case, and is therefore not appropriately invoked here).
3) Nevertheless, the court below erred in determining, on the ground that the instant ex officio cancellation does not constitute an administrative disposition subject to appeal-type litigation and that there is no legal interest in seeking confirmation of its nullity, that the part of the instant lawsuit concerning the claim for confirmation of nullity and the claim for confirmation of non-existence of the instant ex officio cancellation, as well as the claim for damages, were unlawful. This constitutes an error of misunderstanding the legal principles concerning administrative dispositions and legal interest, which affected the judgment.
3. Whether the Part of the Instant Lawsuit Concerning the Claim for Restoration Is Lawful
The court below determined that the claim for restoration, seeking an order that the defendant restore the plaintiff's seal registration that had been ex officio cancelled on December 17, 2012, constitutes a mandamus-type lawsuit (a lawsuit seeking performance of an obligation) that is not permitted under the current Administrative Litigation Act, and is therefore unlawful.
Upon examining the reasoning of the judgment below in light of the relevant legal principles and the record, there is no error in the judgment below's misunderstanding of the relevant legal principles that affected the judgment.
4. Conclusion
The part of the judgment below concerning the claim for confirmation of nullity and the claim for confirmation of non-existence of the ex officio cancellation of the seal registration, and the part concerning the claim for damages, are reversed; however, since there remains room for the applicability of Article 8(2) of the Administrative Litigation Act and the proviso of Article 418 of the Civil Procedure Act (민사소송법), this part of the case is remanded to the court below for further hearing and determination, and the plaintiff's remaining appeal is dismissed. This Judgment is rendered as set forth in the Order by the unanimous opinion of the participating Justices.
Justices Ma Yong-ju (Presiding Justice), Cheon Dae-yeop, Seo Gyeong-hwan (Justice in charge), Shin Suk-hee