(심리불속행)행정처분에 중대하고 명백한 하자가 있다는 것은 주장하는 자가 입증하여야 함[국승]
Seoul High Court-2016-Nu-35658 ( October 28, 2016)
(A) the claimant must prove that there is a significant and apparent defect in the administrative action.
(Abstract of Originality) In a lawsuit seeking the invalidation of an administrative disposition, a person who seeks the invalidation thereof shall be responsible to prove that there is a significant and obvious defect in the administrative disposition.
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by
Article 25 of the Framework Act on National Taxes