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(영문) 대전고등법원 2018.02.14 2017누12757
전역명령취소
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 first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: (a) the reasoning for the court’s determination of the first instance court is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, and thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and

2. It shall be replaced with the annex of the judgment of the first instance court in this judgment. In addition, Article 23(1) of the Administrative Procedures Act provides for the parties to a disposition when an administrative agency issues a disposition, it shall exclude the arbitrary decision of the administrative agency and allow the parties to properly cope with the administrative remedy procedures. As such, in full view of the contents stated in the written disposition and relevant statutes, and the overall process, etc. up to the disposition, if it is sufficiently possible to find out whether the disposition was made for any ground and reason, and if it is deemed that there was no particular obstacle to moving into the administrative remedy procedures, it cannot be said that the disposition was unlawful on account of the failure to specify the grounds and reasons for the disposition in the written disposition (see, e.g., Supreme Court Decisions 2007Du20348, Dec. 10, 2009; 203Du257, Sept. 21, 2014).

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