logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2014.12.11 2014누10533
재정지원금지급거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of “the matters to be determined additionally in the second instance” under paragraph (2) below, since the testimony of the witness A at the court of first instance submitted by the plaintiff at the court of first instance is identical to the part of the reasoning of the court of first instance, and thus, it is also accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Matters to be judged additionally by the second instance;

A. The Plaintiff’s assertion that the bus of this case was not a public opinion that the Defendant would provide financial support to the Plaintiff, even though the bus of this case was operated properly with a cash coefficient on the route of this case newly established at the Defendant’s request, but was refused to pay financial support without reasonable grounds. Thus, the instant disposition was an abuse of discretion.

B. 1) Judicial review of discretionary action is, in principle, subject to whether there is deviation or abuse of discretion, taking into account the room for public interest determination by the discretion of an administrative agency. The examination of abuse of discretion is subject to determination of mistake of facts, violation of the principle of proportionality, etc. (see, e.g., Supreme Court Decision 2004Du6181, Jul. 14, 2005). In principle, the fact that an administrative disposition by discretion was defective or exceeded its discretionary power and is illegal, in principle, must be proved by the person who disputes the validity of the administrative disposition, and the fact that the disposition authority was legitimate in exercising its discretionary power (see, e.g., Supreme Court Decision 87Nu861, Dec. 8, 1987). In other words, the Defendant is entitled to designate financial support route by comprehensively assessing the need, revenue, revenue, etc., and the following facts acknowledged by the overall purport of facts and arguments as revealed in the relevant statutes and the circumstances leading up to the disposition.

arrow