과징금부과처분취소
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.
1. The reasons why the court has stated this part of the disposition are the same as the foregoing Paragraph 1, with the exception that the reasoning of the judgment of the court of first instance, with the exception that the phrase “as of January 31, 2013,” which read “as of September 12, 2013,” is “as of September 12, 2013.”
Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Determination on the legitimacy of the instant lawsuit
A. The main point of the parties’ assertion is that the lawsuit of this case is unlawful, since the plaintiff is not entitled to seek revocation of the disposition of this case.
As to this, the plaintiff is clear that the other party to the disposition of this case is the plaintiff, and even if the former A (the current trade name is C; hereinafter referred to as the "former A") is the other party to the disposition of this case, the plaintiff asserts that there is a legal interest in seeking revocation of the disposition of this case as a third party, and thus, the plaintiff is qualified as the plaintiff.
B. On the grounds delineated below, the Plaintiff is not eligible to seek revocation of the instant disposition.
Therefore, the defendant's prior defense pointing this out is justified.
(1) (A) When an administrative agency takes a disposition as to who is the other party to the instant disposition under Article 24(1) of the Administrative Procedures Act, it is to ensure the clarity of the content of the disposition and to prevent disputes as to the existence or content of the disposition, except as otherwise provided in other Acts and subordinate statutes.
Considering the purport of the Administrative Procedures Act, in principle, in a case where an administrative agency takes a disposition through a document, it should be determined to determine which disposition is made in accordance with the language and text of the written disposition.
However, in the event of special circumstances, such as the uncertainty of the administrative agency’s disposition by itself, the details of the disposition and the attitude of the other party after the disposition are made.