1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons why the court should explain this part, such as the background of the disposition, are the same as the corresponding part of the reasoning of the judgment of the court of first instance, except where the "three lines" of the second part of the judgment of the court of first instance are "written" as "written." Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to Article 30(2) of the Administrative Litigation Act, when a judgment revoking a rejection disposition by an administrative agency becomes final and conclusive, the administrative agency that issued the disposition is obligated to re-disposition against the previous application in accordance with the purport of the final and conclusive judgment. The instant disposition is unlawful since it was conducted contrary to the purport of the previous final and conclusive judgment. 2) The instant disposition is an unlawful disposition that deviates from and abused discretion, such as violating the principle

(b) as shown in the attached Form of the relevant statutes;

C. 1) According to Article 30(2) of the Administrative Litigation Act, where a judgment revoking a rejection disposition by an administrative agency becomes final and conclusive, the administrative agency that issued the disposition is obligated to re-disposition the previous application in accordance with the purport of the judgment.

The legitimacy of an administrative disposition is determined based on the statutes and facts at the time when the administrative disposition was taken, so the administrative agency that is the party to the final and conclusive judgment may again render a rejection disposition on the ground of new reasons that occurred after the previous disposition, and such a disposition also constitutes a second disposition

Here, “new cause” should be determined based on whether the cause determined by the judgment is illegal as to the previous disposition and whether the factual basis is identical to that of the basic fact. The existence of the basic fact relevance is identical in that of the basic social fact, based on the specific facts before the legal evaluation of the grounds for the disposition.