2017Abia 10814 Suspension of Execution

A Incorporated Foundation A

The Minister of Culture, Sports and Tourism

2, 2018

The motion of this case is dismissed.

On March 20, 2017, the respondent's disposition of revocation of establishment permission (hereinafter referred to as the "disposition of this case") that was made on the applicant on March 20, 2017 shall suspend its effect until this Court decides 2017 Guhap60291.

"A loss difficult to recover", which is a requirement for suspension of execution under Article 23 (2) of the Administrative Litigation Act, means a loss that cannot be compensated with money, barring any special circumstance, where monetary compensation is impossible or monetary compensation means a type and intangible loss where a party subject to an administrative disposition is unable to accept for reference or where it is considerably difficult to check for reference; and whether there is an urgent need to prevent irrecoverable damage from being caused by a disposition, etc. or the enforcement or the continuation of the procedure, etc., or whether there is an urgent need to prevent irrecoverable damage due to the continuation of the procedure, shall be determined specifically and individually, by comprehensively taking into account the nature, mode, and content of the disposition, the nature, content and degree of the damage the other party to the disposition suffers, the method of restitution and monetary compensation, and the degree of possibility of winning the claim on the merits, as well as the degree of possibility of winning the claim on the merits, in principle, the assertion and responsibility of affirmative elements, such as such "disposition, etc., or the possibility of damage caused by its enforcement or continuation of procedure," are, in principle (see, Supreme Court en banc Order No.

However, it is not clear that the data submitted by the applicant alone has caused irrecoverable damage to the applicant due to the instant disposition and it is urgently needed to prevent such damage.

Therefore, the application of this case is without merit, and thus, the applicant filed the application of this case with the name of "B acting for the president" as the representative of "B", and according to the written evidence No. 25, the above court can recognize the fact that the above court made a decision to appoint B on November 20, 2017 as the representative liquidator of the applicant in the Seoul High Court 2017Ra2192 Temporary representative appointment case. Thus, the applicant's representative indication ex officio is corrected as above).

For the transfer of judge;

Judge Lee Young-soo

Judges Kim Gin-han