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(영문) 서울고등법원 2019.04.25 2018누73395
대부업등록갱신반려처분취소청구
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 reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the part added as set forth in the following paragraph (2). Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act

(1) In addition, the first instance court’s findings and determination that rejected the Plaintiff’s assertion, even if all of the evidence presented by the first instance court and this court were examined, did not differ significantly from the Plaintiff’s assertion in the first instance court, and the following is also justifiable. 2. Additional part of the first instance court’s 6.9 pages of the second instance court’s 9.

E) As stated in the foregoing facts, the Credit Business Act amended on July 24, 2015 (hereinafter “Act”) requires a credit service provider, etc., the size of which is larger than a certain size, to register its credit business as a corporation (Article 3(2) of the Act); requirements for registration of a corporation registered with the Financial Services Commission; and the major shareholder has not been subject to criminal punishment equivalent to or heavier than fines for a violation of the aforementioned Credit Business Act during the latest five years (Article 3-5(2)6 of the Act; Article 2-11(3)1 of the Enforcement Decree of the Act); and (b) any executive officer or general employee of the Credit Business Act shall not be disqualified (Article 3-5(2)4 and Article 4(2)1 and 6(a) of the Act, including where five years have not passed since he/she was sentenced to a fine for violation of the said Credit Business Act (Article 3-5(2)1 of the Act); and (c) an employee of the Credit Business Commission shall also meet the above requirements for registration (Article 3-2(2)3).

. The Act;

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