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(영문) 서울고등법원 2015.03.31 2014누62731
변상금부과처분 무효 확인
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition imposing indemnity against the Plaintiff on January 5, 201 is null and void.

Reasons

1. The reasons why this court shall explain concerning "the reasons for the disposition" is the second written judgment of the court of first instance.

1. The grounds for appeal by the Plaintiff are as follows: “The grounds for appeal by the Plaintiff” are as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion is identical to the entry of the main part of the Plaintiff’s assertion, thereby citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

3. Judgment on the ground of appeal by the plaintiff

A. The reasons why this court should explain the "recognition" of the facts of recognition are the five and six pages of the judgment of the court of the first instance.

A. Inasmuch as it is the same as the entry of the part of the "Recognition Facts", it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. (b) In order to ensure that the legal principle of invalidation of an administrative disposition is to be null and void as a matter of course, it is insufficient to say that there is an illegality in the disposition. The defect is a serious violation of the essential part of the law, and objectively obvious. In determining whether the defect is significant and obvious, the purpose, meaning, function, etc. of the law should be examined from a teleological perspective, and reasonable consideration should also be made on the specificity of the specific case itself (see, e.g., Supreme Court Decision 2005Du14363, Jun. 30, 2006). Meanwhile, if there is a defect that misleads the factual relations related to the administrative disposition, if it is not objectively clear even if the defect is serious, it shall not be deemed null and void.

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