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(영문) 서울고등법원 2016.10.6. 선고 2016누48722 판결

중요무형문화재보유자인정해제처분취소

Cases

2016Nu48722 Revocation of a disposition revoking recognition as a holder of important intangible cultural heritage

Plaintiff-Appellant

A

Defendant Appellant

The Administrator of the Cultural Heritage Administration

The first instance judgment

Seoul Administrative Court Decision 2015Guhap7936 decided May 13, 2016

Conclusion of Pleadings

September 8, 2016

Imposition of Judgment

October 6, 2016

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

The Defendant’s revocation of the revocation of recognition as a holder of important intangible cultural heritage on September 23, 2015 by the Plaintiff is revoked.

2. Purport of appeal

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

Reasons

1. cite the judgment of the first instance;

The reasons why the court should explain this case are as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act refer to the case where the Cultural Heritage Protection Act (amended by Act No. 13249, Mar. 27, 2015; hereinafter referred to as the "Cultural") is the same as the part of the reasoning of the judgment of the first instance, except where the Cultural Heritage Protection Act (amended by Act No. 13249, Mar. 27, 2015; hereinafter referred to as the "cultural Heritage Protection Act").

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Kim Jong-ju

Judges Invitations

Judges Lee Jae-in