(영문) 서울고등법원 2015.06.18 2014누72035

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(영문) 서울고등법원 2015.06.18 2014누72035

육아휴직급여차액지급신청반려처분취소

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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

Reasons

. Corresponding.

In the future, the guidance on the progress of the administrative litigation procedure will be reviewed.

“The document stating the content was presented.”

E. On April 28, 2014, the Defendant: (a) notified the Plaintiff, etc. of the return of the application for the difference in childcare leave benefits by stating the following as the title “return of the application for the difference in childcare leave benefits”; (b) returned 12 applications including the Plaintiff, etc., except for D applications among the said applications filed by 13 applicants (hereinafter “return of the instant application”).

1. Related matters;

(a) An application for the difference of childcare benefits with 13 persons, such as E (the' 14.4.24);

(b) Summary of rejecting the application;

Agency: Attorneys C and one other (the' 14.25 April 25, 194)

2. On April 25, 14.25, an applicant except for a person who has already been in the process of a request for review on April 25, 14. The applicant's request for the return of the application for the difference in temporary retirement benefits for childcare shall be rejected, such as E, and 12 applications shall be rejected.

* A person who is already in process of a request for review: D

3. In addition, the administrative litigation shall be 90 days from the date the existence of the original disposition is known, and the period of reference shall be less than one year from the date the existence of the original disposition is available.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 4-1 through 10, Eul evidence 1, 2, 5, 7, and 8, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. As to the defendant's assertion that the return of the application in this case was a rejection disposition against the plaintiff's application for temporary retirement benefits on April 24, 2014, and that the rejection disposition is unlawful, the defendant asserts that the return of the application in this case is merely a return request of the plaintiff, and that the return of the application in this case is not a rejection of the plaintiff's above application, and it is not an administrative disposition,

B. An administrative disposition subject to a judgment 1 is a disposition that an administrative agency exercises as a public authority.

유사 판례

-서울고등법원 2015.06.18 2014누66702

-서울고등법원 2015.11.27 2014누72042

-서울고등법원 2015.06.18 2014누73489

-서울고등법원 2015.6.18. 선고 2014누72035 판결

-서울고등법원 2015.11.27. 선고 2014누72042 판결