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(영문) 서울고등법원 2016.11.30 2015누37473
가격조정명령취소
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance except for adding or supplementing the following judgments. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. In the part of the judgment of the court of first instance, the government-designated books No. 9, No. 34 of the text of the judgment of the court of first instance, "government-designated books" were added to "

Nos. 17, 14, 20, and 17 of the first instance judgment shall be followed as follows.

1) Article 23(1) of the Administrative Procedures Act provides that an administrative agency shall provide the basis and reason for the determination of procedural defects and that the administrative agency’s arbitrary determination shall exclude the administrative agency’s arbitrary determination and shall allow the parties to properly cope with the administrative remedy procedure. As such, the basis and the extent of the ground for the disposition can be sufficiently known as to what grounds and grounds the administrative disposition was made at the time of the disposition, taking into account the contents of the written disposition, relevant Acts and subordinate statutes, and the overall process, etc. up to the time of the disposition, so it shall not be an obstacle to the administrative remedy procedure. The defect in the grounds and timely statement of the disposition shall not be cured even if the party was aware of, or became aware of, the purport at the time of the disposition (see, e.g., Supreme Court Decisions 90Nu1786, Sept. 11, 199; 201Du181571, Nov. 14, 2013).

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