재심의결정 취소 등 재심의 결정 취소
2018Nu58747 Reopening of Procedure, etc.
2018Nu5754 (Joint) Revocation of the decision for retrial
1. Jeju market;
2. Jeju Special Self-Governing Province Governor;
3. The book-keeping market; and
Board of Audit
Seoul Administrative Court Decision 2017Guhap79417 decided July 5, 2018
November 22, 2018
December 20, 2018
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The judgment of the first instance shall be revoked. The defendant's request for each caution made to the plaintiff Jeju Mayor and Seopo City Mayor on February 18, 2016, and the decision of retrial made to the plaintiff Jeju Mayor and the Governor of Jeju Special Self-Governing Province on June 15, 2017 (2016--15), and the decision of retrial made to the plaintiff Seopo City and the Governor of Jeju Special Self-Governing Province (2016--16) shall be revoked.
1. Quotation of judgment of the first instance;
In the appeal of the plaintiffs, the reasons alleged in the court of first instance do not differ from the contents claimed by the plaintiffs in the court of first instance, and even if the evidence submitted in the court of first instance and the court of first instance and the reference materials submitted after the closing of argument are re-examineed along with the plaintiffs' assertion, the
Therefore, the reasons for this court concerning this case are as follows: "No. 7 No. 1 of the first instance court's decision" (it is nothing more than the decision of the Minister of Land, Infrastructure and Transport, even if the Minister of Land, Infrastructure and Transport rejected the plaintiffs' request for reduction of the amount of subsidy, as alleged by the plaintiffs, this also cannot be evaluated as imposing a direct obligation to return the full amount of subsidy on the plaintiffs, or imposing a statutory obligation to take such measures on the Minister of Land, Infrastructure and Transport)"; in addition, "the decision of review" in the sixthth court's decision is the same as the reasons for the first instance judgment, except where "the request for review is made" as "the request for review" under Article 8 (2) of the Administrative Litigation Act, and the main sentence of Article 420 of the
2. Conclusion
Therefore, the judgment of the court of first instance is justified, and the plaintiffs' appeal is dismissed in its entirety as it is without merit.
Judges Kim Jong-tae
Judges Min Il-young
Judges Lee Jae-in