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(영문) 서울고등법원 2018.11.02 2018누50217

평균임금정정승인취소처분 및 부당이득금징수결정처분 취소

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The judgment of the court of first instance that held that the contents asserted by the defendant in this court are not significantly different from those asserted by the defendant in the court of first instance, and that the necessity of public interest to obtain the disposition of this case under Article 84 (1) of the Industrial Accident Compensation Insurance Act does not constitute a strong case to justify disadvantage, such as the right to obtain benefits, protection of trust and infringement of the stability of legal life, even after examining these defendant's claims together with the evidence submitted by the court of first instance.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiffs' claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is justified, the defendant's appeal is dismissed on the grounds of its reasoning. It is so decided as per Disposition by the assent of all participating Justices.