심판원 재조사 결정에 따라 원처분을 유지하기로 한 경우 재결의 기속력에 반한다고 볼 수 없음[국승]
Gwangju High Court 2010Nu701 (Law No. 30, 2010)
early 2008 Mine0684 (Law No. 24, 2009)
If the review decision by the Tribunal is to maintain the original disposition in accordance with the review decision, it cannot be deemed as contrary to the binding force of the ruling.
Where the review is conducted to maintain the original disposition after the review is conducted in accordance with the review decision of the Tribunal, it shall not be deemed against the binding force of the ruling.
The contents of the decision shall be the same as attached.
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Since the appellate brief has not been filed within the statutory period, it is decided as ordered by Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases concerning the Procedure of Appeal.