logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.06 2018누62265
발전사업허가취소처분 취소 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The reason why the defendant appealed in the court of first instance does not differ from the content of the defendant's assertion in the court of first instance, and even if the evidence submitted in the court of first instance and the evidence submitted in the court of first instance are reviewed together with the defendant's assertion, the judgment of the court of first instance which cited the plaintiff's claim

Therefore, the reasoning for this Court regarding this case is as stated in the reasoning for the judgment of the first instance except for partial revision as follows. Thus, this Court cites it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Supplementary part] Article 17 Section 18 of the judgment of the first instance court provides that "reasonable period of time" shall be "reasonable period of time which can not interfere with the national power supply and demand plan by the electricity service supplier by smoothly establishing and implementing plans for business preparation, such as construction works on the electricity business."

In addition, “in particular” shall be added in front of “new” in Part 17 of the judgment of the first instance.

Between the first instance judgment Nos. 18, 4 and 5, “If an existing operator of the electric utility business grants an unforeseeable construction plan authorization period, it would hinder his business preparation, and accordingly, if he cancels the electric utility business license for reasons of non-compliance with the work plan authorization period, it may cause a trouble to the national power supply and demand plan.”

Part 5 of Part 18 of the judgment of the first instance shall be deleted.

The judgment of the first instance court was written on the 7th page of the 20th trial, and thus, it is insufficient to recognize that the Plaintiff could have known such circumstances even if based on the written evidence of Nos. 12 through 15 (including the additional number) submitted by the Defendant at the trial).”

The judgment of the first instance court shall be understood as “as recognized in the preceding” in the first instance part 22 of the judgment.

Written judgment of the first instance is in accordance with 22 pages 14.

arrow