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(영문) 서울고등법원 2016.06.17 2015누64574
재해방지 조치명령 취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s May 18, 2014 and the same year

5.26. Each disaster prevention against the plaintiff.

Reasons

1. The reasoning of the judgment by the court concerning the details of the disposition and this part of the relevant statutes is the same as that of each corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Whether the instant disposition is lawful

A. In the event that the administrative agency imposes an obligation on the alleged party to the assertion of procedural defect (in the absence of prior notification procedures under the Administrative Procedures Act) or imposes a disposition restricting rights and interests, the defendant did not take a prior notification procedure while rendering each of the dispositions in this case to the plaintiff, despite having given the party a prior notification and given the opportunity to present his opinion.

Therefore, each disposition of this case is unlawful.

B. According to Articles 21(1), 21(4), and 22 of the Administrative Procedures Act, where an administrative agency imposes a duty on a party or imposes a restriction on his/her rights and interests, it shall notify the party concerned of the facts and the legal basis for the disposition, the purport that the party concerned may submit his/her opinion, and the method of disposal when failing to submit his/her opinion. In cases where other Acts and subordinate statutes stipulate that a hearing shall be held or a public hearing shall be held, the party concerned shall be given an opportunity to present his/her opinion, but “where there are reasonable grounds to believe that the hearing of opinion is considerably difficult or clearly unnecessary due to the nature of the disposition in question,” etc. shall not

Therefore, if an administrative agency does not give the above prior notice or give the party an opportunity to present opinions while taking an infringing administrative disposition, it may choose not to give such prior notice or not to give the party an opportunity to present opinions.

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