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(영문) 서울고등법원 2018.06.21 2017누77420
인증효력정지처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

Reasons

1. The reasons for this part of the disposition are as follows: (a) the court made a decision on April 20, 201 to suspend the validity of certification (hereinafter “instant decision”) with respect to the Plaintiff on April 20, 2017 under the attached Table 3 of the judgment of the court of first instance (hereinafter “instant decision”); and (b) except that the deliberation results at the time of the instant decision were written as follows: (c) it is identical to the corresponding part of the judgment of the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the lawsuit in this case is lawful

A. The defendant's main defense does not directly affect the plaintiff's right and duty and thus does not constitute a disposition subject to appeal litigation. Thus, the defendant's main defense of this case is unlawful.

B. An administrative disposition, which is the object of the relevant legal doctrine, is an act of an administrative agency’s public law that directly changes in the legal status of the other party or other interested persons, such as an order to establish a right or to bear an obligation with respect to a specific matter, or an occurrence of other legal effects with respect to a specific matter, etc., and an act, etc., which does not directly change the legal status of the other party or other interested persons, such as an act within the administrative authority, referral

(see, e.g., Supreme Court Decision 2012Du28704, Dec. 11, 2014). Moreover, the issue of whether an administrative agency’s act may be subject to appeal cannot be determined abstractly and generally. In a specific case, an administrative disposition is an enforcement of law with respect to specific facts conducted by an administrative agency as the public authority, which directly affects the rights and obligations of the people. The content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of such act, and its act.

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