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(영문) 서울고등법원 2020.08.19 2019누67991
영업정지처분취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

Reasons

1. The reasoning for the court’s explanation on this part is as follows, and the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for dismissal or addition of the corresponding part of the judgment of the court of first instance. Thus, this part is cited as it is in accordance with Article 8(2)

On May 23, 2019, the Seoul Special Metropolitan City Administrative Appeals Commission filed an application for a ruling with the Seoul Special Metropolitan City Administrative Appeals Commission, but the said administrative appeals commission filed an application for a ruling with the Seoul Special Metropolitan City Administrative Appeals Commission on May 23, 2019, and the Chairperson of the Seoul Special Metropolitan City Administrative Appeals Commission made a decision to suspend the execution of the instant disposition by the time the judgment on the merits of the case is rendered, instead of the Seoul Special Metropolitan City Administrative Appeals Commission’s deliberation and decision pursuant to Article 30(6) of the Administrative Appeals Act on June 3, 2019.

No. 35 is added to the ground for recognition of the 5th page.

2. We examine whether the instant lawsuit is legitimate, ex officio, by examining whether the instant lawsuit is legitimate.

A. As a matter of course, a decision of suspension of execution under Article 23 of the Administrative Litigation Act shall continue to be effective until the time specified in the decision, and its validity shall expire at the time specified in the order. Thus, in a case where the court rendered a decision of suspension of execution with respect to the disposition of suspension of business of the administrative agency which ordered the suspension of business for a certain period at the time specified in the order of suspension of execution and declared that the effect of the disposition is suspended by the time specified in the order of suspension of business until the pronouncement of the principal lawsuit pending in the court, the progress of the period specified in the disposition shall be prevented until the time. At the same time, the effect of the decision of suspension of business becomes extinct by the pronouncement of the original lawsuit,

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