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(영문) 서울고등법원 2019.02.01 2018누65806
정직처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why this part of the disposition is stated are the same as the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance from No. 2 to No. 31). Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

2. Whether the instant disposition is lawful

A. The plaintiff's assertion;

(b) relevant laws and regulations;

C. 1) Whether to recognize the grounds for disciplinary action No. 1, 2) whether to recognize the grounds for disciplinary action No. 2, are the same as the corresponding part of the judgment of the first instance (Articles 3 and 9, and 15) except for the parts that were written or added as follows, and thus, they shall be cited as they are in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 3, Part 18, up to the last 3 conduct of “I”, the “I” project shall be implemented to the “I” project to the “I” project without a public offering, taking into account each special circumstance that the project is conducted by the highest domestic experts, and the “J” project is supported by a similar follow-up project, which was reflected in the past budget.

In Part 9, the following parts shall be added to the “this ground for disciplinary action” in Part 15.

Even as alleged by the Plaintiff, the Plaintiff determined that the “I” project was conducted by domestic experts, and that the “J” project was supported by similar follow-up projects with respect to the projects reflected in the past budget.

In light of the purpose of the Subsidy Act, the system of Article 16 (2) of the Subsidy Act, which provides for the principle of public offering, and the wide range of the proviso of Article 16 (2) 3 of the Subsidy Act that recognizes the discretion of the administrative agency, the provisions of Article 16 (2) of the Subsidy Act, which provides for the principle of public offering, may be dismissed.

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