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(영문) 대전고등법원 2015.09.10 2015누10283

창업성장기술개발사업전문위원회심의결과변

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the part "..." of Part VII through IX of the judgment of the court of first instance, and as stated in the reasoning of the judgment of the court of first instance, Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act shall be cited as it is.

Pursuant to Articles 21(1) and (4) and 22(3) of the Administrative Procedures Act, where an administrative agency imposes obligations on the parties or imposes restrictions on their rights and interests, it shall notify the parties, etc. of the facts and details of the dispositions to be taken, the legal basis for the submission of their opinions, the methods of disposal when failing to submit their opinions, and other matters, including the submission of opinions. In cases where a hearing is not necessarily conducted or public hearings are not required under other Acts and subordinate statutes, the parties, etc. shall be given an opportunity to submit their opinions. However, “where it is deemed significantly difficult or clearly unnecessary due to the nature of the dispositions in question,” prior notice or hearing of opinions may be omitted. Therefore, unless an administrative agency has given such prior notice or given no opportunity to submit their opinions while rendering an infringing administrative disposition, such dispositions cannot be avoided due to its illegality unless it falls under exceptional cases where the administrative agency did not give such prior notice or given no opportunity to submit opinions (see, e.g., Supreme Court Decision 2013Du1681, Jun. 17, 2017).

In addition to each description of evidence Nos. 1, 2, 4, and 5, the whole purport of the pleading is added.