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(영문) 서울고등법원 2020.12.2.선고 2020누51022 판결
부작위위법확인
Cases

2020Nu51022 Confirmation of illegality of omission

Plaintiff Appellant

A

Law Firm LLC, Attorneys Kim Dong-dong, and Park Jong-hun, Counsel for the plaintiff-appellant

Defendant Elives

The Minister of Culture, Sports and Tourism

Law Firm Dun, Attorneys Oh Jong-ap et al.

The first instance judgment

Seoul Administrative Court Decision 2019Guhap82424 decided July 16, 2020

Conclusion of Pleadings

2020, 11, 11

Imposition of Judgment

December 2, 2020

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. On July 18, 2018, the defendant's omission in the application for permission of establishment of an incorporated association submitted to the defendant is illegal.

Reasons

1. Quotation of the first instance judgment

The court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 42

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge shall be appointed by a judge.

Judge Maximum Order

Judges Hong Man-man

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