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(영문) 서울고등법원 2019.05.30 2018누61576

무형문화재 전수교육조교인정해제처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged by the plaintiff in the trial while filing an appeal for the acceptance of the judgment of the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the plaintiff's claim even if the evidence submitted in the court of first instance and the court of first instance are

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Article 11 and 12 of the judgment of the first instance court provides that "B was dead without providing successor training to the Plaintiff since 2010 and was missing, and was unable to know the whereabouts of the Plaintiff, and the Plaintiff was not requested to provide assistance for successor training." The following grounds are as follows: "B was suspended from providing successor training since 2010, and could not know the whereabouts of the Plaintiff; B did not have any means to communicate with the Plaintiff; B did not request the Plaintiff to provide assistance for successor training; B did not request the Plaintiff to provide an improper monetary payment; at the time, it was difficult for the Plaintiff to request the Plaintiff to provide successor training; and the Defendant was also responsible for not properly supervising and supervising B."

In addition, "The Mayor of Busan Metropolitan City" in Part 5 of the judgment of the first instance court in Part 7 shall add "the holder B shall be the instructor for successor training," and the "The Act on the Protection of Intangible Cultural Heritage" in Part 6 shall be amended as "the Act on Intangible Cultural Heritage."

Part 6 of the judgment of the first instance court is that "Evidence Nos. 25, Eul No. 2, Eul No. 11, and Eul No. 12" is "Evidence Nos. 25, 37, 38, Eul No. 2, 3, 11, 12, 15, and 16 of the judgment of the first instance court", and the "Evidence Nos. 7 through 24 of the evidence No. 7 and 28 through 40 of the evidence No. 7 of the first instance court" in Part 7 of the 6th judgment of the second instance court are as follows: "No. 25, 37, 38 of the evidence No. 2, 11, 12, 15, and 16 of the evidence No. 9".