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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.09.16 2015누40837
퇴직수당환수처분취소
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 judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Additional Decision] The plaintiff asserts that "the plaintiff filed an administrative appeal with the Public Official Pension Benefit Review Committee as to the disposition of this case, and accordingly filed the lawsuit of this case within 90 days after the decision was made accordingly, the plaintiff complied with the period of filing the lawsuit.

In a case where a suit for revocation is not filed without filing an administrative appeal within a fixed period under relevant provisions, the subsequent suit for revocation is illegal after the lapse of the period for filing the suit, and even if a suit for revocation of the original disposition was filed within 90 days from the date on which the written ruling was served, after a ruling on an illegal administrative appeal for the lapse of the period, the suit for revocation is not deemed to have been followed again (see, e.g., Supreme Court Decision 2011Du18786, Nov. 24, 201). In this case, the suit for revocation is not deemed to have been filed again (see, e.g., Supreme Court Decision 201Du18786, Nov. 24, 2011). However, the Public Official Pension Benefit Review Committee filed a request for review with the Public Official Pension Benefit Review Committee for the instant disposition on November 11, 2014.

The plaintiff asserts to the purport that the administrative disposition of this case constitutes invalidation, since the administrative disposition of this case is deemed to be null and void if the law, which forms the basis of the administrative disposition, is determined unconstitutional.

In the case of filing an administrative suit claiming the revocation in the sense of declaring the invalidity of the immediate administrative disposition, the requirements for filing a revocation suit, such as compliance with the filing period.

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