2012Nu422 Revocation of administrative disposition, etc.

Korea Railroad Corporation

The Commissioner of the Regional Employment and Labor Office in Gwangju

Gwangju District Court Decision 2011Guhap3210 Decided February 9, 2012

November 8, 2012

December 13, 2012

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The order issued by the Defendant to return KRW 7,977,480 to the Plaintiff on June 23, 2011 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The reasoning for the court’s explanation on the instant case is as follows: (a) evidence additionally submitted at the trial and the enforcement decree of the instant case is insufficient to reverse the first instance court’s determination that the provision of the instant case violates the delegation purpose of the parent law or the constitutional principle of excessive prohibition, and thus null and void; (b) the reasoning for the first instance judgment is the same as that for the part of the judgment of the first instance court; and (c) thus, (d) the same shall be cited in accordance with Article 8(2) of the Administrative Litigation

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, senior judge and assistant judge

Judges Cho Jae-ho

Judges Namnam Sea