항고소송의 대상으로 인감직권말소의 처분성 검토 - 대법원 2026. 4. 2. 선고 2025두35330 판결을 소재로 -

초록

This study examines the legal nature of the administrative authority’s ex officio cancellation of a registered personal seal (In-gam) and its classification as an administrative action subject to appeal. The issue arose when a registered individual, denied issuance of a seal certificate, challenged the cancellation for both substantive illegality and procedural defects. As the first case directly litigating the appealability of ex officio seal cancellation, the lower court held that such cancellation does not constitute an administrative action. On appeal, however, the Supreme Court (Decision 2025Du35330, April 2, 2026) partially reversed and remanded, thereby recognizing its status as an administrative action. Departing from conventional case commentaries, this paper reconstructs the case’s progression—from the lower court ruling to the grounds for appeal and the Supreme Court’s decision—through the lens of the parties’ arguments. By analyzing precedents on challengeable administrative actions, it argues for recognition of administrative action status, emphasizing the absence of independent remedies and the necessity of judicial control. Ultimately, the Supreme Court’s ruling marks a crucial milestone in seal registration administration, affirming the plaintiff’s arguments and establishing stronger judicial remedies against ex officio cancellations.

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