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(영문) 서울고등법원 2020.12.3.선고 2020누40053 판결
해임처분취소
Cases

2020Nu4053 Revocation of revocation of dismissal

Plaintiff-Appellant

A

Defendant Appellant

The Minister of Culture, Sports and Tourism

The first instance judgment

Seoul Administrative Court Decision 2019Guhap57466 decided April 9, 2020

Conclusion of Pleadings

November 5, 2020

Imposition of Judgment

December 3, 2020

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. Purport of claim

The defendant's dismissal on August 9, 2018 against the plaintiff shall be revoked. 2. The purport of the appeal is revoked.

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning of the judgment of the court is the same as the reasoning of the judgment of the court of first instance, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the grounds asserted in this court, while appealed by the defendant, are not significantly different from the contents claimed by the defendant in the court of first instance, and even if all the evidence and materials submitted in the court of first instance and this court are examined, it is justifiable to

2. Conclusion

Thus, the plaintiff's claim shall be accepted as it is reasonable. This conclusion is legitimate in the judgment of the first instance, and the defendant's appeal is dismissed.

Judges

The presiding judge, judge and deputy judge

Judges Kang Han-sung

Awards and Decorations for Judges

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