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(영문) 광주고등법원 2018.04.05 2017누5101

부정당업자제재처분취소

Text

1. The defendant's appeal is dismissed.

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

3. The defendant's disposition stated in the purport of the claim.

Reasons

1. The defendant's ground of appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if all arguments and evidence submitted to this court are examined

Therefore, the reasoning of the judgment of this court is identical to that of the judgment of the court of first instance, except for the correction of "a final appeal" (Article 7-15 of the judgment of the court of first instance) as "a final appeal" among the judgment of the court of first instance regarding "a suspension of execution" (Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. According to the records of this case’s record, there is no evidence to acknowledge that the execution of the instant disposition is urgently needed to prevent irrecoverable damage to the Plaintiff, and otherwise, there is no possibility of significant impact on public welfare due to the suspension of the execution of the said disposition.

Therefore, the execution of the instant disposition shall be suspended ex officio by the date of the final appeal judgment of this case.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.