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(영문) 서울고등법원 2015.05.15 2014나2025779
과태금처분 무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of contributing to the development of the horse industry and livestock industry through fair implementation and smooth distribution of horse, and for the purpose of enabling people to make good use of their leisure time, and the plaintiffs are those who are engaged in the business as a lighting teacher by acquiring a lighting license from the defendant.

B. From July 12, 200 to October 27, 201, D’s provision of horse information and acceptance of money and valuables of Mail Manager D’s Mail Manager: (a) from June 12, 200 to April 19, 201, from June 15, 2011 to June 12, 201, the Plaintiff’s provision of Article B, from June 13, 2012 to January 26, 2012, and (b) from June 13, 2012 to the Plaintiff’s provision of assistance to the Plaintiffs, and (c) from June 213 to January 26, 2013, D’s provision of its affiliated racing horses to the Defendant’s management. (b) From May 4, 2009 to October 27, 2012, 203, 2013, 31, 2017, 203, 2013, 2013,27.

C. On July 24, 2013, the Defendant imposed the Defendant’s fine on the Plaintiffs: (a) held the Second Disciplinary Committee on July 24, 2013; (b) on the basis of Article 77 of the Morse Enforcement Rule (hereinafter “instant provision”) on the ground that: (c) the Plaintiff had a duty to faithfully perform his/her duties; and (d) in particular, supervise and supervise the Plaintiff so that he/she does not engage in any conduct detrimental to the fairness of horse, such as provision of horse information; (b) however, he/she neglected the duty to manage and supervise the Plaintiff so that he/she does not engage in any conduct that may interfere with the fairness of horse, such as provision of horse information; and (c) provided and received money and valuables from the Plaintiff; and (d) on the basis of the Plaintiff’s negligence, KRW 1,00,000, and KRW 500,000,000,00 for each administrative fine to Plaintiff B and C.

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