beta
(영문) 광주고등법원(제주) 2016.01.20 2015누389

건축신고반려처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following changes. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The provision of the former Civil Petitions Treatment Act (amended by Act No. 11492, Oct. 22, 2012; hereinafter “Civil Petitions Treatment Act”) to the effect that “Supreme Court Decision 2005Nu10521” in the first instance judgment shall be amended to “Supreme Court Decision 2005Du10521,” and the provision of “(1) as to the assertion of procedural defect” in the fifth last sentence of the first instance judgment shall be amended to the following:

Article 2 subparag. 2 of the Civil Petition Act provides that “Civil petition affairs” means affairs concerning a civil petitioner’s request for disposition, etc. to an administrative agency (hereinafter “civil petition affairs”). Article 24(1) provides that “The head of an administrative agency shall, in handling civil petition affairs, directly perform all procedures for confirmation of materials that can be performed within the administrative agency, and in cooperation with the relevant agencies and departments, so that civil petitioners may not visit the administrative agency again for unnecessary reasons by establishing the one-time visit civil petition handling system.” Meanwhile, Article 24(3) provides that “the operation of a committee to deliberate on complex civil petitions” under subparagraph 3, and “the re-deliberation of a committee established for deliberation on complex civil petition matters” under subparagraph 4 as one of the procedures. In accordance with the delegation of the above provision, the former Enforcement Decree of the Civil Petitions Treatment Act (amended by Presidential Decree No. 22975, Jun. 21, 201; Presidential Decree No. 22975, “Enforcement Decree”).

Article 36 (1) shall be as follows, in order to deliberate on complex civil petitions by the head of an administrative agency: