과징금부과처분 무효확인
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.
1. The reasons for the court’s explanation concerning this case are as follows: (a) the part of the judgment of the court of first instance is dismissed or added as referred to in paragraph (2); and (b) the Plaintiff’s new judgment of the court of first instance is as stated in the reasons for the judgment of the court of first instance except for the addition of the judgment of the court of first instance as referred to in paragraph (3). Thus, it is acceptable in accordance with Article 8(2) of
(hereinafter the meaning of the language used in this context is the same as that of the judgment of the court of first instance) that is dismissed or added on February 2, 200, the phrase “B Nos. 14 through 16” of the judgment of the court of first instance No. 21 of the judgment of the court of first instance is deemed to read “B No. 14 through 16, 25 through 35.”
The following matters shall be added after the 5th judgment of the first instance. 14th judgment.
"The defendant sent to D from 2015 to 2016 by the employees (U,K, and V) belonging to the plaintiff among the 13 official notices sent by D from 2015 to 2016, and the fact that the plaintiff and D are deemed to have supported the postal delivery work."
3. Additional determination
A. The disposition counterpart column of the Plaintiff’s assertion is indicated in the Plaintiff’s disposition counterpart column, which is not “A” corporation, the Plaintiff’s trade name, and thus, the above statement alone cannot be identified as the other party to the disposition of this case.
Therefore, since the delivery of the written disposition of this case is null and void, the disposition of this case has a significant and obvious defect.
B. In the event an administrative agency takes a disposition under Article 24(1) of the Administrative Procedures Act, the provision that the administrative agency shall provide in writing, except as otherwise provided in other Acts and subordinate statutes, is to ensure clarity of the content of the disposition and to prevent any dispute over the existence or content
Considering the purport of the Administrative Procedures Act, in principle, in a case where an administrative agency takes a disposition through a document, it should be determined to determine which disposition is made in accordance with the language and text of the written disposition.
However, the wording of the disposition is alone.