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(영문) 부산고등법원 2014.12.24 2014누21769

호봉정정에 따른 급여환수처분취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following: (a) the reasoning of the judgment of the court of first instance cited in paragraph (3) as stated in the reasoning of the judgment of the court of first instance; and (b) such reasoning is cited in accordance with Article 8(2) of

(The plaintiff basically repeats the same arguments in the first instance court, and even if the plaintiff examines some of the arguments and reasons for supplementation in the trial, the first instance court's decision is justifiable).

3. Determination on the legitimacy of the instant lawsuit

A. The existence of an administrative disposition, which is the subject of litigation in an administrative litigation, is an ex officio investigation as a litigation requirement.

(2) The Supreme Court Decision 2003Du15195 Decided December 24, 2004 (see, e.g., Supreme Court Decision 2003Du15195, Dec. 24, 2004). An administrative disposition subject to appeal is an act of an administrative agency, which is an act of an administrative agency, and refers to an act directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter under public law,

(1) The Supreme Court Decision 2005Du7853 Decided October 26, 2007 (see, e.g., Supreme Court Decision 2005Du7853, Oct. 26, 2007). The issue of whether an administrative agency’s act can be a subject of appeal cannot be determined abstractly and generally. In specific cases, an administrative disposition is an enforcement of law with respect to specific facts conducted by an administrative agency as the subject of public power, which directly affects the rights and obligations of the people. In light of the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the actual relation between the act and the disadvantage suffered by the interested parties, such as the other party, and