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(영문) 서울고등법원 2017.11.15 2017누55772
옥외집회금지통고처분취소
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 grounds alleged in the trial while the plaintiff appealed from the judgment of the court of first instance are not significantly different from the grounds alleged in the judgment of the court of first instance.

Therefore, the reasoning of this court concerning this case is the same as the reasoning of the judgment of the court of first instance except for the supplement of the following judgment. Thus, this court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. A supplementary decision 1) Even in cases where there is no interest in a lawsuit seeking revocation of an administrative disposition due to the suspension of validity of a notice of prohibition of assembly, etc., even if there is no interest in the same lawsuit, where it is judged that there is a danger that illegal dispositions might be repeated for the same reason as that of such administrative disposition among parties to the same lawsuit, and thus, it is necessary to explain legal issues with respect to which illegality is verified or unclear, etc. of the administrative disposition, it shall still be deemed that there is a legal interest in seeking revocation of such administrative disposition in terms of ensuring legality of administration, judicial control thereon, and expansion of citizens’ rights protection (see, e.g., Supreme Court en banc Decision 2006Du19297, Jul. 19, 200

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