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(영문) 서울고등법원 2020.05.29 2019누67434
한의사면허자격정지처분취소
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. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for partial dismissal or addition as follows. Thus, this case is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

(The argument that the plaintiff made in the trial is not significantly different from the argument in the first instance trial, and the court of first instance that rejected the plaintiff's assertion despite examining the evidence submitted in the first instance trial and the materials presented in this court of appeal No. 2019 A. 1594, which the plaintiff invoked. The judgment of the court of first instance that rejected the plaintiff's assertion is justifiable. The second part of the judgment of the court of first instance in the second part of the second part of the judgment of the court of first instance (amended by Act No. 11748, Apr. 5, 2013; hereinafter the same applies)

The "career skill inspection" in the second sentence in the third sentence of the judgment of the court of first instance shall be deemed to be the "functional inspection of successful bidding".

Part 4 of the decision of the first instance court, "Seoul Gangseo-gu Seoul Metropolitan Government Office" shall be "Gangseo-gu Seoul Metropolitan Government Office (hereinafter referred to as the "Gangseo-gu Office")" in Part 15.

On the 6th of the judgment of the court of first instance, "other acute infections, etc." in the 6th sentence of the second written box shall be "other acute infections, etc.".

On the 7th sentence of the first instance court, “A evidence 2,” should be added to “the fact that there is no dispute,” and “A evidence 2,” following the first sentence.

In addition, this legal principle also applies to the facts recognized in the final summary order under the above 10th sentence below the 7th sentence of the first instance court, see Supreme Court Decision 2016Du4016, Dec. 29, 2016. The following of the 8th sentence of the first instance court, “The criteria for administrative disposition” in the form of Ordinance, “ even if it is prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal business rules of the administrative agency, and it is not effective to the public or the court externally, and the legality of the disposition is not only the above disposition criteria, but also the related laws and regulations.

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