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(영문) 서울고등법원 2018.05.10 2017누82255
과징금 부과처분 및 부당이득금 징수처분 취소 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment on the plaintiff's newly raised assertion to this court when it comes to this case, and thus, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 42

2. Determination on addition

A. According to the main text of Article 17(1) of the Framework Act on the Administrative Investigation of the Plaintiff’s argument that each of the dispositions of this case is unlawful based on the illegal administrative investigation, the head of the administrative agency who intends to conduct the administrative investigation should notify the person subject to investigation of the demand for appearance, etc. in writing seven days prior to the commencement of the investigation. However, the Ministry of Health and Welfare employees of the Ministry of Health and Welfare requested relevant materials on July 15, 2013 without any prior notice, and conducted face-to-face investigation, and thus, the on-site investigation is unlawful, and each of the dispositions of this case is unlawful. 2) According to the Framework Act on the Administrative Investigation of the Decision that the dispositions of this case are unlawful

A person subject to investigation shall be notified of the Gu's request for submission of materials, and an on-site inspection report under Article 11 (hereinafter referred to as "request for attendance, etc.") in writing seven days before the commencement of the investigation.

(Article 17(1) main sentence of the Administrative Investigation Act: Provided, That the administrative investigation may be presented to the person subject to the investigation simultaneously with the commencement of the administrative investigation or the summons, etc., or the purpose, etc. of the administrative investigation may be verbally notified to the person subject to the investigation, if it is deemed that the administrative investigation

(Article 17(1) proviso No. 1 of the Act). If Gap evidence No. 3, Eul evidence No. 1-1 through 3 of the evidence No. 1, the purport of the entire argument is examined, the defendant’s on-site investigation of the convalescent hospital of this case shall be the Minister of Health and Welfare.

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