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(영문) 서울고등법원 2016.04.06 2015누62219
영업정지처분취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination ex officio as to the legitimacy of the instant lawsuit

A. (i) Where the effective period of an administrative disposition is fixed, there is no legal interest to seek the cancellation of the administrative disposition, unless there are special circumstances to deem that any legal interest is infringed upon by the remaining external form of the disposition after the lapse of the period, as the administrative disposition becomes invalid.

I would like to say.

On the other hand, where a court decides to suspend the business of the administrative agency which ordered the suspension of business for a certain period, the progress of the period of suspension as determined in the disposition shall not be prevented, but where the period of suspension expires due to the expiration of the period of suspension as determined in the above disposition or the cancellation of the decision, etc., the period of suspension (where part of the period of suspension had already been completed at the time of the decision of suspension, the remaining period) which was determined in the disposition

(2) In the event that a prior administrative disposition is effective due to the lapse of the period of sanctions prescribed in the relevant disposition (see, e.g., Supreme Court Decision 98Du1471, Feb. 23, 199; Supreme Court Decision 2004Du9012, Nov. 25, 2004; Supreme Court Decision 2005Du7143, Oct. 13, 2005; Supreme Court Decision 2006Du2213, May 12, 2006); and (3) the effect of the prior administrative disposition is extinguished due to the lapse of the period of sanctions prescribed in the relevant disposition; however, the relevant provision has been subject to the prior administrative disposition (hereinafter “prior administrative disposition”) on the grounds or premise that the relevant provision has been subject to the prior administrative disposition (hereinafter “prior administrative disposition”) under the relevant provision as the grounds or premise that the prior administrative disposition would be subject to aggravated or premised, the other party subject to the prior administrative disposition may be subject to the prior administrative disposition.

Even if such a disposition is revoked, such a disadvantage shall be removed through the revocation suit.

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