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(영문) 서울고등법원 2017.05.31 2017누34904
감시적근로승인취소처분의취소
Text

1. Revocation of the first instance judgment.

On September 24, 2015, the defendant against the plaintiff was engaged in surveillance work.

Reasons

1. The part citing the judgment of the court of first instance is identical to the part in the judgment of the court of first instance in which the court has admitted the judgment of the court of first instance concerning the reasons for the entry of this case (from No. 2 to No. 20 of the judgment of the court of first instance). Thus, the part concerning the reasons for the disposition is cited in accordance with Article 8(2) of

2. Determination on the procedural legitimacy of the instant disposition

A. The Plaintiff’s assertion in this case contains an error of omission of prior notification under the Administrative Procedures Act and giving an opportunity to present opinions.

B. Determination 1) According to Articles 21(1), (3), (4), and 22 of the Administrative Procedures Act, where an administrative agency imposes an obligation on a party or imposes a restriction on his/her rights and interests, it shall notify the party concerned, etc. of the matters such as “the title of the disposition”, “the facts causing the disposition and the contents of the disposition and legal basis thereof,” “the method of handling the party concerned who fails to submit his/her opinion,” “the name and address of the agency proposing opinions,” “the deadline for submitting opinions,” “the submission of opinions,” etc., in advance. The deadline for submitting opinions shall be determined by considering a reasonable period necessary for submitting opinions, and even in cases where other Acts and subordinate statutes stipulate that the hearing or public hearing shall be held, the party concerned, etc. shall be given an opportunity to submit opinions: Provided, That where an administrative agency gives prior notice or does not provide the party with an opportunity to submit his/her opinion, prior notice or opinion may not be exempt from the revocation of the disposition, unless prior notice or opinion submission is exceptional (see, 2. 16.

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