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red_flag_2(영문) 서울고등법원 2016. 4. 7. 선고 2015누39172 판결

[강등처분취소][미간행]

Plaintiff, Appellant

Plaintiff (Law Firm LLC, Attorneys Jeon Jae-chul et al., Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

(Court of Foreign Affairs, Attorney Exclusively et al., Counsel for the plaintiff-appellant)

Conclusion of Pleadings

March 17, 2016

The first instance judgment

Seoul Administrative Court Decision 2013Guhap12058 Decided March 13, 2015

Text

1. The defendant's appeal is dismissed.

2. The Defendant’s demotion against the Plaintiff on June 12, 2012 shall suspend its effect until the instant judgment becomes final and conclusive.

3. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's demotion made against the plaintiff on June 12, 2012 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning of the court's reasoning concerning this case is as follows: "The court rendered a judgment [the Seoul Central District Court 2013 Gohap160, 2014Gohap413, 812 (combined), 812)] of the fifth 5th 18th son of the judgment of the court of first instance [the Seoul Central District Court 2013 Gohap160, 2014Gohap413, 412 (Joint), 812)]. The prosecutor appealed against the Seoul Central District Court (Seoul Central District Court 2013 Gohap160, 2014Gohap4, 2013), and the Seoul High Court rendered a judgment dismissing the prosecutor's appeal against the plaintiff on February 3, 2016." Article 8 (2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act and Article 420 of the Criminal Procedure Act are the same as the grounds of the first instance court's rejection of the defendant's appeal against the plaintiff.

2. Suspension of execution;

Therefore, the validity of the instant disposition is suspended ex officio until the judgment of this case becomes final and conclusive, as it is difficult to deem that it is urgently needed to prevent damage difficult to recover from the Plaintiff due to the validity of the instant disposition to fall under the case where suspension of execution is likely to seriously affect the

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and it is so decided as per Disposition.

Judges Yoon Sung-won (Presiding Judge)