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(영문) 서울고등법원 2016.04.08 2015누52854
과징금부과처분취소
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 first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following parts to the 6th class 7th class, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

【6) The plaintiff asserts that the disposition of this case is unlawful since the defendant violated equity in comparison with other transport business operators, such as making a duplicate investigation against the provisions of Article 15 (1) of the Framework Act on Administrative Investigation (the plaintiff refers to Article 71, but it is judged to correct it under Article 15), i.e., the provision that "the head of the administrative agency who has conducted the regular or occasional investigation shall not re-examine the same person with respect to the same matter."

However, since there is no evidence to acknowledge this, the above assertion is without merit.

7 The plaintiff asserts that the disposition of this case is unlawful since the defendant's prior notification provision of investigation under Article 17 (1) of the Framework Act on Administrative Investigations (i.e., the head of an administrative agency conducting administrative investigation), contrary to the provision that "the head of the agency shall notify the person subject to investigation in writing seven days before the commencement of the investigation"

However, the proviso 1 of the above provision provides that "if an administrative investigation is given prior to the implementation of an administrative investigation, if it is deemed that the purpose of the administrative investigation is impossible to achieve due to destruction of evidence, etc., the administrative investigation may be presented to the person subject to investigation, or the purpose, etc. of the administrative investigation may be notified orally to the person subject to investigation, at the same time, of the commencement of the administrative investigation or to the person subject to investigation." Thus, if a transport business operator gives prior notice to the person subject to investigation in order to prevent the long-time operation

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