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(영문) 서울고등법원(춘천) 2019.11.20 2019누1031
예비사회적기업 지정취소 처분 취소의 소
Text

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

1. The grounds for this part of the disposition are the same as the corresponding part of the judgment of the court of first instance (from No. 2 to No. 3 to No. 4). Thus, the grounds for this part are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the Defendant’s defense prior to the merits

A. The defendant asserts that the lawsuit of this case was unlawful, since it was filed with the lapse of the period of filing the lawsuit.

B. In full view of Articles 18(1) and 20(1) of the Administrative Litigation Act, and Article 27(1) of the Administrative Appeals Act, when the method of immediately filing a suit for revocation is chosen with the knowledge of the existence of an administrative disposition, a suit for revocation shall be filed within 90 days from the date on which the administrative disposition is known, and when the method of filing a suit for revocation is selected, a suit for revocation shall be filed within 90 days from the date on which the person becomes aware of such disposition, and a suit for revocation shall be filed within

Therefore, in a case where a revocation lawsuit is not filed without filing an administrative appeal within 90 days from the date on which a disposition is known, the period for filing the subsequent lawsuit is expired, and the subsequent lawsuit for revocation is illegal and illegal, and the subsequent lawsuit for revocation was filed within 90 days from the date on which a written ruling on an illegal administrative appeal is served, and the subsequent lawsuit for revocation is filed with respect to the original disposition within 90 days from the date on which the written ruling is served. Thus, the revocation

(See Supreme Court Decision 2011Du18786 Decided November 24, 2011). C.

As to this case, we examine this case.

The Defendant issued the instant disposition against the Plaintiff on November 8, 2017, and the Plaintiff was notified of the said disposition on November 10, 2017. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on February 20, 2018, but the Central Administrative Appeals Commission dismissed the said appeal on September 11, 2018, and the Plaintiff was on October 5, 2018.

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