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(영문) 서울고등법원 2017.11.08 2017누57594
해임처분취소
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 grounds for admitting the judgment of the court of first instance, which the plaintiff appealed in the court of first instance asserted in the court of first instance, are not significantly different from the contents of the plaintiff's assertion in the court of first instance, and the evidence submitted in the court of first instance and the court of first instance are recognized as legitimate in full view

Therefore, the reasoning of this court concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. In an appeal seeking the revocation of an administrative disposition, from the perspective of the substantial rule of law and the protection of trust to the people who are the other party to the administrative disposition, the disposition agency can add or modify other grounds only to the extent that the basic factual relations are identical to the original disposition, and it is not allowed to assert a separate ground for disposition on the ground that the basic factual relations are not recognized as identical to the basic factual relations. The existence of the basic factual relations here is determined depending on whether the social factual relations, which is the basis of the disposition, are identical in the basic point of view (see, e.g., Supreme Court Decision 2000Du8684, Sept. 28, 2001). As seen above, the instant ground for disposition is identical in that the Plaintiff, in collusion with E, etc., caused the Plaintiff to pay KRW 35,137,497, which is the main body of the construction project in question, thereby causing damage to the State through a false design change, and thus, it cannot be permitted even if the same legal factual basis is identical to the aforementioned evidence.

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