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(영문) 서울고등법원 2017.4.28. 선고 2016누66997 판결

임원취임승인취소처분취소

Cases

2016Nu697 Revocation of revocation of approval of taking office

Plaintiff-Appellant

A

Defendant Appellant

The Minister of Education

The first instance judgment

Seoul Administrative Court Decision 2016Guhap61051 Decided September 2, 2016

Conclusion of Pleadings

March 24, 2017

Imposition of Judgment

April 28, 2017

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

On February 3, 2016, the Defendant’s cancellation disposition of taking office against the Plaintiff is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it shall be quoted by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, senior judge

Judges Shin Jin-hee

Judges Lee Jae-chul