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(영문) 대법원 2015.11.12 2015두46918
육아휴직급여차액지급신청반려처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In light of the purport of the whole pleadings and the result of the examination of evidence, the court shall render a judgment of the fact-finding with free conviction in accordance with logical and empirical rules on the basis of the principle of free evaluation of evidence, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the value judgment and fact-finding belong to the discretion of the fact-finding court, and the

(2) On the grounds indicated in its reasoning, the lower court determined that the Defendant’s return of the instant application from the Plaintiff and returned the instant application in response thereto, and that the return of the instant application does not constitute an administrative disposition that is subject to appeal litigation, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the aforementioned legal principles, the relevant legal principles, and the records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding administrative disposition subject to an appeal litigation or by exceeding the bounds of the principle of free evaluation

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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