보상금등지급신청기각결정취소
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
The court's explanation of this case is identical to the reasoning of the judgment of the first instance except for the part modified under the following Paragraph (2). Thus, this case is quoted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The changed part of the judgment of the court of first instance shall be changed to the "Plaintiff (Appointed Party)" in the 7th page of the second instance judgment.
The fourth to tenth shall be amended as follows from the fourth to the same tenth.
(2) The deceased returned to the Republic of Korea after receiving the above special intelligence education, and worked in the agency for the dispatch of the parallel. Since the deceased did not perform his special duties, the instant disposition based on the premise that the deceased did not perform his/her special duties is unlawful. Even if the deceased did not perform his/her special duties, the disposition of this case to recover the full amount of the compensation paid is unlawful, since the need for public interest to recover the compensation already paid does not exceed the disadvantage that the plaintiffs suffered, and thus, the disposition of this case to recover the full amount of the compensation paid is unlawful. Nos. 8-4 through 10-2 of the first instance judgment is modified as follows.
1) If a citizen acquires a certain benefit and right due to a certain administrative disposition, the previous administrative disposition that is revoked must require the public necessity to revoke or revoke the administrative disposition to be revoked due to a separate administrative disposition that deprives the existing benefit and right of the person already acquired. Furthermore, even if there is a defect in the administrative disposition, the administrative disposition can be revoked only if it is strong to justify the disadvantage of the party to the public interest due to the necessity of public interest and cancellation, such as the right to obtain and the infringement of trust and the stability of legal life.