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(영문) 서울고등법원 2019.05.16 2015누35859
가격조정명령처분취소
Text

1. Plaintiffs A, B, and B, who fall under the price adjustment order that is revoked below among the judgment of the court of first instance.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the following parts written by the court of first instance.

2. On the fourth 6th son of the judgment of the court of first instance, "the remaining defendants except the defendant's Minister of Education" was added to "the remaining defendants except the defendant's Minister of Education" (hereinafter "the defendant's superintendent of education").

The 17th 6th 6th 19th 10th 19th 10th 10th 10th 10th 2th 2th 20

“A) When the relevant administrative agency imposes a disposition on the grounds of violation (1) of the duty to present reasons, it must, in principle, present the grounds and reasons to the parties.

(Article 23(1) of the Administrative Procedures Act. In this case, the administrative agency shall specify in detail the facts causing the disposition and the details of statutes or municipal ordinances and rules which are grounds for the disposition.

Article 14-2 of the Enforcement Decree of the Administrative Procedures Act. However, in light of the basis of a disposition that excludes the arbitrary decision of an administrative agency and allows the parties to properly cope with the administrative remedy procedure and the purport of the system, where the parties concerned presented reasons to the extent that they can know the grounds for the disposition, the disposition cannot be deemed unlawful, unless the grounds and reasons for the disposition are specified specifically.

In such a case, the term “case of presenting the grounds” refers to a case where it is sufficiently possible to find out which grounds and grounds were established at the time of the disposition, and where it is deemed that there was no particular hindrance to moving to the administrative remedy procedure.

(See Supreme Court Decision 2016Du44186 Decided August 29, 2017). (2) Of the instant disposition, the instant authorized books are included in the instant disposition.

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