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(영문) 서울고등법원 2017.01.12 2016누55706

과징금부과처분 무효확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “The fact that he is a person” in Chapter 6, Chapter 8, of the judgment of the first instance is added to “(D is written on March 31, 2014, but K’s certificate of employment is written on July 14, 1997, instead of D’s establishment date, and it appears that the Plaintiff and D do not clearly distinguish the change of the employee of the Plaintiff’s existing employee after division.” (6) The Plaintiff and D do not clearly distinguish the change of the employee of the Plaintiff’s existing employee after division). 6) The Plaintiff and D appear to have supported the postal service between the Plaintiff and D, including the receipt by the employees of the Plaintiff from 2015 to 2016, and the Plaintiff and D appear to have supported the postal service work among the Plaintiff’s employees. In addition to the addition of the Plaintiff’s determination as to the Plaintiff’s argument, they are cited as the reasons for the judgment of the first instance.

2. The addition;

A. The plaintiff's assertion that the disposition of this case is not a "A" corporation, the trade name of the plaintiff, but a "D corporation" corporation, and the above statement alone is not sufficient to identify that the other party to the disposition of this case is the plaintiff. Thus, the delivery of this case's disposition of this case is invalid, as well as the service of this case's disposition of this case's disposition of this case is clearly erroneous in violating the procedure of prior notice under Article 21 of the Administrative Procedures Act, since the notification of this case's disposition

B. In the event an administrative agency takes a disposition under Article 24(1) of the Administrative Procedures Act, the provision that the administrative agency shall provide in writing, except as otherwise provided in other Acts and subordinate statutes, is to ensure clarity of the content of the disposition and to prevent any dispute over the existence or content

The purpose of the Administrative Procedures Act is to prescribe.