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(영문) 서울고등법원 2019.05.10 2018누71863
서인천대학 설립인가 거부처분 취소
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 reasoning of the judgment of the court of first instance citing the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to the matters which are either written by the court or additionally asserted by the defendant in the court of first instance. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

[Supplementary part] On the first instance judgment, the court below's "this court" is deemed to be "the first instance court".

In the judgment of the court of first instance, the 12th "Securing fundamental property for school teachers and for profit" is regarded as "Securing fundamental property for profit."

The third and fourth sides of the judgment of the first instance shall add the phrase “for profit” in the preceding four separate parts of the judgment.

From the 8th judgment of the first instance court to the 19th judgment on the one hand, the following acts are followed.

Meanwhile, Article 23 of the Enforcement Decree of the Administrative Procedures Act provides that administrative pre-announcement of legislation shall be governed by the Regulations on the Operation of Legislative Affairs. Article 14(1) of the Regulations on the Operation of Legislative Affairs provides that the head of an agency proposing a legislative Bill shall pre-announcement of legislation in order to enact, amend, or repeal statutes, and the head of an agency affiliated with a Ministry shall pre-announcement of legislation with the approval of the head of the relevant Ministry; and Article 41(4) of the Administrative Procedures Act provides that "where a significant change occurs" in the main sentence of Article 41(4) of the Administrative Procedures Act refers to cases where the rights and duties of the people or people's lives are added (Article 1) or where it is necessary to gather opinions again due to a change in the purport or main contents of the

In addition, Article 18(1) of the former Operational Regulations on Legislative Affairs (amended by Presidential Decree No. 28042, May 8, 2017) shall examine the opinion submitted as a result of the pre-announcement of legislation and determine whether to reflect it in the Bill, and the result and result of the legislation.

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