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(영문) 광주고등법원 2013.5.9. 선고 2013누177 판결
부정수급결정등처분취소
Cases

2013Nu177 Revocation of disposition, such as an illegal receipt and demand decision

Plaintiff Appellant

Korean Institute of Social Research, an incorporated association

Defendant Elives

The President of the Gwangju Regional Labor Agency

The first instance judgment

Gwangju District Court Decision 201Guhap2552 Decided December 27, 2012

Conclusion of Pleadings

April 25, 2013

Imposition of Judgment

May 9, 2013

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 decision of the first instance is revoked. The defendant's decision on April 14, 2010 against the plaintiff is revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasons for the court's explanation concerning this case are as follows: "The appellate court of June 15, 2012 (20143748)" in Part 2 of Part 16 of the judgment of the court of first instance (2012) decided that the above judgment became final and conclusive by dismissing the plaintiff's appeal at the appellate court of the above case (20143748)", and "the above judgment became final and conclusive on June 15, 2012," and "the defendant's appellate court of Gwangju shall be deemed to have no further effect on the plaintiff's request for correction of the lawsuit" after Part 7 of the above case (2010Guhap2944) and "the plaintiff's request for correction of the lawsuit cannot be seen as having been withdrawn by the defendant's previous appellate court of Gwangju District Court without considering the purport that the plaintiff's request for correction of the lawsuit cannot be seen as having been withdrawn by the defendant's oral argument."

2. Conclusion

Therefore, the plaintiff's lawsuit of this case is dismissed as unlawful, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges

The presiding judge, senior judge and assistant judge

Judges Jin Jae-in

Judge Kim Sung-sung

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