부정당업자 제재처분 취소청구
1. Revocation of a judgment of the first instance;
2. The plaintiffs' claims are dismissed.
3. The costs of the lawsuit are assessed against the Plaintiffs.
1. The reasons why the court should explain this part of the disposition are the same as the reasons for the corresponding part of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The gist of the plaintiffs' assertion, relevant laws and regulations, and the grounds for the court's explanation on this part are as stated in the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
B. Grounds for the court's explanation concerning this part of the judgment of the court of first instance
2. D.
Judgment
Among them, the part of the 'decision on the argument about the deviation or abuse of discretionary power' is the same as the corresponding part of the judgment of the first instance except for the following: therefore, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
6 Whether a punitive administrative disposition regarding the assertion of deviation from or abuse of discretionary power is beyond the scope of discretionary power under the social norms or not shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition by objectively examining the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the relevant disposition, and
In addition, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than setting the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not shall be determined in accordance with the contents and purport of the relevant laws and regulations, not only the above disposition criteria but also the above disposition
The disposition can not be regarded as legitimate immediately.
However, the above disposition standard is in itself consistent with the Constitution or laws.