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(영문) 대법원 2015.06.23 2013다209008
부당이득금반환
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant’s Intervenor, and the remainder are assessed against the Defendant.

Reasons

The grounds of appeal are examined.

1. In order for an administrative disposition to be deemed null and void as a matter of course, the mere fact that there is an illegality in the disposition is insufficient. The defect must be objectively obvious as serious in violation of the important part of the law. In determining whether the defect is significant and obvious, the purpose, meaning, function, etc. of the law shall be examined from a teleological perspective and reasonable consideration of the specificity of the specific case itself shall be also

(1) In a case where an administrative disposition was taken by an administrative agency by applying a certain provision of a law to a certain legal relationship or fact-finding, the legal doctrine clearly stating that the provision of the law is not applicable to such legal relationship or fact-finding, or where the meaning of the affirmative or passive requirement of the provision of the law is apparent, as a result of a wrongful interpretation without a reasonable ground, if the administrative agency rendered the pertinent disposition without satisfying the affirmative or passive requirements, it can be deemed that the defect is objectively obvious if it was objectively apparent that the pertinent disposition was conducted without satisfying the affirmative or passive requirements.

(See Supreme Court Decision 201Du3746 Decided March 20, 2015 (see Supreme Court Decision 2011Du3746, Mar. 2, 2015). 2. The former Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 2011; hereinafter “Agricultural Cooperatives Act”) was established for the purpose of improving the economic, social, and cultural status of farmers based on the independent cooperative organization of farmers, enhancing the quality of life of farmers and contributing to the balanced development of the national economy through the enhancement of agricultural competitiveness (see Article 1). Article 2 of the same Act provides that local associations (referring to local agricultural cooperatives and local livestock industry cooperatives established under the above Act) and goods cooperatives, and the National Agricultural Cooperative Federation established under the Agricultural Cooperatives Act.

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