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(영문) 서울고등법원 2017.10.24 2017누51756
이주및생활대책부적격통보처분취소 등
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. The reasoning of the court of first instance’s explanation concerning the instant case is as follows: (a) the 7th judgment of the court of first instance dismissed “A Q” as “AD”; and (b) the reasoning of the judgment of the court of first instance is as stated in the part corresponding to the Plaintiffs in the grounds of the judgment of the court of first instance, except for adding the determination of the Plaintiffs’ assertion at the court of first instance as set forth in paragraph (2) below; and (b) thus, it is acceptable as it is in accordance with Article

2. The portion to be determined additionally in the trial;

A. As to the third notification, the Plaintiffs asserts to the effect that the Defendant’s first notification to the effect that it is disqualified for the Plaintiffs to be eligible for livelihood countermeasures on January 29, 2015, and the second notification to the effect that the Defendant re-verifications the disqualified decision on April 30, 2015, and the third notification to inform the procedures for administrative litigation, etc. on June 11, 2015, are one administrative disposition as a series of administrative processes, and thus, the date stated in the third notification finally notified by the Defendant should be deemed the starting point for the filing period.

However, there is insufficient evidence to acknowledge that the defendant sent the third notification to the remaining plaintiffs on June 11, 2015 in the case of the plaintiffs except plaintiffs AB and AD.

In addition, even if the plaintiffs received the third notification, according to the aforementioned evidence and the purport of the entire pleadings, the defendant notified the plaintiffs' application for selection of subjects of livelihood measures through the first notification that they do not constitute subjects of livelihood measures. The second notification made thereafter is merely a confirmation of non-existence decision corresponding to the plaintiffs' objection, and the third notification is merely a notification of fact leading to administrative appeal or administrative litigation procedures, and it is expected that the third notification made by the defendant will be made through a series of stages such as the first and third notification.

(j) 1 to 3.

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