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(영문) 대전고등법원 2018.08.16 2018누10970
영업정지처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of business suspension for three months against the Plaintiff on May 31, 2017 shall be revoked.

Reasons

1. The reasoning for the court's explanation on this part is as follows: (a) the first instance court's judgment, (b) the second and second 6 degrees, and each 7 degrees of "measurement of tin density" are as "measurement of asbestos concentration"; (c) the "industrial hygiene management industrial technician" in the third 3rd 15 level is as "industrial hygiene management industrial engineer"; and (d) the attached Table 20-2-6 of the attached Table 4 level 1 level 20 level 1 level 6 in the attached Table 20 level 6 level 6)"; and (c) the reasoning for the part of the first instance judgment is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are cited.

2. Whether the instant disposition is lawful

A. The reasoning for the court’s explanation on this part of the Plaintiff’s assertion is as follows: (a) with the exception of adding “a disposition is taken in accordance with Article 143-2(2) of the former Enforcement Rule of the Occupational Safety and Health Act (amended by Ordinance of the Ministry of Employment and Labor No. 197, Oct. 17, 2017; hereinafter “former Enforcement Rule of the Occupational Safety and Health Act”) to “the administrative disposition may be mitigated by taking into account the intention or negligence of the other party to the disposition and other circumstances.”

Since the reasoning of the part of the claim is the same as that of the entry, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(b) as shown in the attached Form of the relevant statutes.

C. The reasoning for the court’s explanation on this part is as follows: ① in the case of the suspension of business as the instant disposition under the Occupational Safety and Health Act, Section 5, Section 5, Section 11 of the judgment of the first instance, the Defendant added “Article 21(1) and Article 22(3) of the Administrative Procedures Act” to “a prior notice and hearing of opinions before rendering the instant disposition to the Plaintiff,” and “a public notice” to “a public notice” as provided in Sections 16 and 17 of the judgment of the first instance.

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