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(영문) 부산고등법원 2015. 06. 24. 선고 2014누11932 판결
고충처리결과통지는 행정처분에 해당하지 않음[국승]
Case Number of the immediately preceding lawsuit

Changwon District Court-2014-Gu Partnership-20641 ( November 28, 2014)

Title

Notice of the result of grievance settlement shall not be an administrative disposition.

Summary

(1) The notification of the result of the grievance settlement is not an administrative disposition, which is an act under the public law of an administrative agency, and thus, can only be identified only when investigating facts, since it is not an administrative disposition, which is the object of an appeal litigation, and the fact that the representative is merely a representative in the name of the administrative agency. Thus, even if it is merely a representative in the name of the administrative agency, the defect cannot be seen as apparent apparent

Related statutes

Request for correction, etc. under Article 45-2 of the Framework Act

Cases

(C)Revocation of the notification of the result of the grievance settlement;

Plaintiff and appellant

OO

Defendant, Appellant

O Head of tax office

Judgment of the first instance court

Changwon District Court Decision 2014Guhap20641 Decided November 28, 2014

Conclusion of Pleadings

May 20, 2015

Imposition of Judgment

June 24, 2015

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance court shall be revoked. In the first instance court, the notice of the result of the grievance settlement rendered by the Defendant to the Plaintiff on February 28, 2014 shall be revoked. In the first instance, it is confirmed that the disposition of global income tax imposed by the Defendant on the Plaintiff on March 10, 208 is invalid.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation is as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's primary claim is dismissed as illegal, and the plaintiff's primary claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition.

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