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(영문) 서울고등법원 2014.09.04 2014누40472
인정취소등 처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasons why the court's reasoning for the acceptance of the judgment of the court of first instance is written in part of the reasoning of the judgment of the court of first instance as "paragraph 2," and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance [Provided, That the part against the defendant in the judgment of the court of first instance (as to the part against the defendant's loss (as to the part against the process of operating technicians of this case), the part against the defendant in the judgment of the court of first instance (as to the part against the process of operating technicians of this case) was not appealed, the corresponding part is excluded), Article 8 (2) of the Administrative Litigation Act

2. Parts to be dried;

A. The second part of the judgment of the court of first instance " March 7, 2013." in Part 19 of the second part of the judgment of the court of first instance shall be " March 8, 2013."

(b)The following shall be added between the sixth and sixth deeds of the first instance court:

Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the contents of the offense committed as the grounds for the disposition, the public interest purpose to be achieved by the relevant disposition, and all relevant circumstances.

In such a case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus externally binding the citizens or the courts. Thus, the legality of the pertinent disposition shall be determined not only in accordance with the above disposition criteria but also in accordance with the contents and purport

Therefore, it conforms to its disposition standards.

Although the disposition is not immediately legitimate, the disposition is not in itself consistent with the Constitution or laws, or the result of the application of the above criteria is significant in light of the contents of the violation and the relevant laws and regulations, which are the grounds for the disposition.

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