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(영문) 서울고등법원 2017.05.17 2016누39407

운항정지처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part is the same as the relevant part of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. To make entries in attached Form 1 of relevant Acts and subordinate statutes;

3. The reasoning for the court’s explanation as to the existence of procedural defects is the same as that of the judgment of the court of first instance from March 14 to 5, 20. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

4. Whether any grounds for disposition exist;

A. The reasoning of this court’s decision pertaining to this part of Article 115-3(1)45 of the Aviation Act is the same as the entry from 6th to 8th 9th 9th , except that the following is added at the end of 8th 4th 4th 7th 8th 4th 6th 6th 6th 6th 6th 6th 6th 6th 8th 6th 6

【The principle of self-responsibility is the principle that reflects human freedom, flexibility, and human dignity, and it is not limited to the principle that is inherent in the rule of law as a matter of course, rather than the fundamental principle that is limited to the civil law or criminal law (see, e.g., Constitutional Court en banc Decision 2010Hun-Ma68, Sept. 29, 201). As such, the same applies to the relationship of administrative law. Of course, sanctions against administrative law violations are imposed based on the objective fact of violation of administrative law to achieve administrative purposes, so it does not require the offender’s intentional negligence (see, e.g., Supreme Court Decision 2002Du5177, Sept. 2, 2003). Accordingly, administrative sanctions may not be imposed regardless of whether there is a cause explicitly or gross negligence, as prescribed by the provision of this case, regardless of whether there is a cause or not under the provision of this case.

B. Evidence of the 1NTSB accident investigation report whether it falls under the latter part of Article 115-3(1)45 of the Aviation Act.