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(영문) 서울고등법원 2018.09.18 2018누53711
거부처분취소
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 reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following to the text of the judgment of the first instance. Thus, this is accepted by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The third below added the following contents to the third below, while the plaintiff asserts to the effect that the plaintiff has the right to file an application under the laws and regulations seeking revocation of the permission of this case against the defendant, since it has legal interest in the existence of the permission of this case as a competitor in competition with the food service federation.

Even a third party, who is not the direct counter-party to an administrative disposition, has a legal interest in seeking the revocation of the administrative disposition, standing to sue is recognized. The legal interest here refers to cases where there is a direct and specific interest protected by the law based on the relevant disposition. However, it does not include cases where a person has an indirect, factual, economic, or interest, such as an abstract, average, and general interest common among the general public as a result of the protection of public interest (see, e.g., Supreme Court Decision 94Nu1454, Sept. 26, 1995). In addition, where several persons who have applied for an administrative disposition who have applied for an administrative disposition have no choice but to be subject to a disposition such as permission, etc. against the other party, even though they are not the counter-party to the disposition such as permission, etc. taken against the minor,

I would like to say.

(See Supreme Court Decision 94Nu8129 delivered on August 22, 1995, etc.). In order to report and register free job placement services pursuant to Article 18 of the Employment Security Act and Article 14 of the Enforcement Decree of the Employment Security Act, a reporter has an organization and assets necessary for the maintenance and operation of the pertinent business.

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