건강보험료부과처분취소
1. The plaintiff's primary claim added at the trial of the political party and the claim changed from the trial to the preliminary claim.
1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance excluding adding or using some contents, and deleting the part as stipulated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. The following shall be added to a part which is added or written after the 11th day of the first instance judgment:
2. The Plaintiff asserts to the purport that the instant disposition constitutes nullification due to significant and apparent defects, inasmuch as it is acknowledged that the Plaintiff imposed an additional amount of KRW 12,720,00 on the Plaintiff based on the Plaintiff’s liability to pay global income tax in 2005, 100,543,370, which was not the Defendant in the trial.
In order for the administrative disposition to be called null and void as a matter of course, it is not sufficient to say that there is an illegal cause, that the defect is a serious violation of the important part of the law, which is objectively apparent, and that the defect is significant and obvious, it is necessary to consider the purpose, meaning, function, etc. of the law from a teleological perspective and to reasonably consider the specificity of the specific case itself.
(See Supreme Court en banc Decision 95Nu8669 delivered on June 19, 197, and Supreme Court Decision 2001Du4566 delivered on December 10, 2002, etc.). In a case where there is a defect that misleads the factual relations related to the substantive requirements in an administrative disposition, even if the defect is serious, if it is not objectively clear, the disposition cannot be deemed null and void as a matter of course. In order for a defect to be obvious, it should be the case where the material based on which the mistake was based lacks external appearance, its establishment, or its authenticity cannot be recognized objectively, and the material of the factual relations is accurate.