긴급쇼핑몰거래정지처분취소
1. Of the judgment of the court of first instance, the part of the preliminary claim regarding the measure of suspending transactions in urgent shopping mall dated May 29, 2014 is revoked.
The judgment of the court of first instance dismissed the plaintiff's primary claim and accepted the conjunctive claim, and only the defendant appealed, the subject of the judgment of this court is limited to the conjunctive claim.
The reasoning of the judgment of the court of first instance is as follows, and this part of the judgment of the court of first instance is as follows, with the exception of the part of the judgment of the court of first instance to be determined additionally in the following, and as such, the reasoning of the judgment of the court of first instance is as follows: therefore, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
3. The 16th to 17th to 3th to 16th shall be deleted.
Each "each of the dispositions in this case" shall be regarded as "the restriction on qualification of this case" respectively.
13 The overall protection part of 13 pages 8 shall be referred to as "(2013-48, October 1, 2013, the enforcement date of the Public Notice of the Public Notice of the Public Procurement Service (No. 2013)".
Whether the instant lawsuit is lawful or not, Article 2(1)1 of the Administrative Litigation Act provides that the “disposition” subject to appeal litigation is the exercise of public authority, refusal thereof, and other similar administrative actions as an enforcement of law with respect to specific facts by an administrative agency.
The issue of whether a certain act of an administrative agency can be the subject of an appeal cannot be determined abstractly and generally. In specific cases, an administrative disposition is an enforcement of law with regard to specific facts conducted by an administrative agency as the subject of public authority, which directly affects the rights and obligations of the people. Determination shall be based on the content and purport of relevant Acts and subordinate statutes, the subject, content, form and procedure of the act, the actual relation of the act and disadvantage suffered by interested persons such as the other party, and the principle of administration by the rule of law, the attitude of the administrative agency and interested parties related
(See Supreme Court Decision 2010Du7321 Decided June 10, 201). However, it is subject to appeal litigation.