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(영문) 서울고등법원 2017.11.23 2017누61470
의사면허취소처분 취소청구
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 reasoning of the judgment of this court citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except where the plaintiff added a judgment on the assertion that is emphasized by the court of first instance, and thus, it is acceptable to accept it as it is in accordance with Article 8(2)

2. The Plaintiff asserts to the effect that the instant disposition takes effect on March 1, 2017 when the license for intention was revoked, as in the case where the administrative agency disposes of the matter by public notice or notification five days after the disposition takes effect. The Plaintiff asserts to the effect that the instant disposition was instituted on the date on which the 90-day filing period was not elapsed as of the above date, and that the instant lawsuit was lawful.

Pursuant to Article 15(1) of the Administrative Procedures Act, an administrative disposition shall be served, and the service shall take effect upon arrival of the relevant document to the person receiving the service, except as otherwise expressly provided for in other Acts and subordinate statutes.

However, according to Article 6 (3) of the Regulations on the Promotion of Administrative Efficiency and Cooperation, if the document does not specifically state the effective time in the document, it shall take effect at the expiration of five days from the date of such public announcement or public announcement.

In other words, administrative disposition is to be served in principle, but in case of being determined by public notice or public notice in individual laws, public notice or public notice can be made, and in this case, the delivery will become effective after the lapse of five days from the date of public notice, etc.

The fact that the Plaintiff was served with the instant disposition on December 19, 2016 is clear that there was no dispute between the parties, and that the Plaintiff brought the instant lawsuit on March 16, 2017 after the lapse of 90 days from the Plaintiff.

Therefore, the instant disposition becomes effective upon being served on the above date, and the filing period of a lawsuit seeking the revocation of the disposition is to seek the revocation of the administrative disposition by public notice or notification.

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