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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. As to this case, the court of the first instance, which cited the judgment, added the following between the 10th and 9th of the first instance judgment. The grounds for appeal by the defendant are as stated in the reasoning of the first instance judgment, except for those determined as to the defendant’s grounds for appeal as set forth in the following 2th of the second instance judgment. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main
In addition, even if it is difficult to view the requirements and methods for the reduction of or exemption from overconcentration charges as prior notice under the instant disposition order, considering the facts acknowledged earlier and the overall purport of the arguments on the evidence held earlier, the instant disposition cannot be deemed unlawful by omitting the prior notice procedures on the reduction of or exemption from overconcentration charges in light of the following circumstances: (i) Articles 21 and 22 of the Administrative Procedures Act providing for common matters concerning administrative procedures provide that an administrative agency shall give the parties an opportunity to present their opinions by notifying the parties in advance of certain matters or by restricting their rights and interests; and (ii) unless an administrative agency gives prior notice or provides them with an opportunity to present their opinions, such disposition may not be exempted by unlawful revocation (see, e.g., Supreme Court Decision 2016Du41811, Oct. 27, 2016; 2016Du4111, Apr. 11, 2016).