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(영문) 서울고등법원 2020.11.27 2020누38807

영업정지등 처분 취소 청구의 소

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, and the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the Defendant’s new assertion as stated in paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] On the last page of the judgment of the court of first instance, the following shall be added:

Article 3 subparag. 3 (a) of the Enforcement Rule of the Office Management Regulations (Presidential Decree No. 2232) provides that “The defendant has not provided that the serial numbers of the year indicated in the above No. 20 and 21 shall be given.” However, each of the above documents (Evidence No. 20 and 21 of the above No. 20) shall be limited to internal re-written statements that are not disclosed to the public, and the Enforcement Rule of the Office Management Regulations (Ordinance No. 200 of the Ministry of Public Administration and Security) in force at the time provide that “the documents to inform the general public of certain matters as prescribed by the statutes,” and Article 4 subparag. 3 of the Regulations on the Promotion of Administrative Efficiency and Cooperation (Presidential Decree No. 29305) and Article 8 subparag. 3 of the Enforcement Rule of the Regulations on the Promotion of Administrative Efficiency and Cooperation (Presidential Decree No. 29305) are the same.

[] The following is added between the first instance judgment Nos. 9, 3 and 4:

On the other hand, considering that the content posted on the homepage of the defendant is the same as the notification issued by the Ministry of Agriculture, Food and Rural Affairs, which is a central administrative agency, and thus, the hearing of opinions of the relevant central administrative agency has been overlapped or ambiguous and an unofficial hearing has been conducted through related meetings, the procedures for hearing opinions of the head of the relevant central administrative agency