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(영문) 서울고등법원 2015.08.28 2015누34979
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) On face 3, the following shall be added to Chapter 17:

Article 23(1) of the Administrative Procedures Act applies to the administrative disposition such as the order for departure of this case, and thus, the defendant must present the grounds and reasons for the disposition of this case. However, since the defendant did not go through such procedures at the time of the disposition of this case, the disposition of this case is unlawful. ② The following parts are added to the third part following the third part.

“(3) As to the assertion of procedural illegality, Article 23(1) of the Administrative Procedures Act provides that when an administrative agency takes a disposition, the relevant legal doctrine shall provide the grounds and reasons therefor to the parties. This is intended to exclude the arbitrary decision of the administrative agency and to allow the parties to properly cope with the administrative remedy procedure.

Therefore, in full view of the contents of the written disposition, relevant statutes, and the overall process, etc. up to the disposition, where it can be sufficiently known that the parties to the disposition were made on the grounds and the grounds for the disposition, and where it is deemed that there was no particular hindrance to moving to the administrative remedy procedure, the disposition cannot be deemed to be illegal due to that, even if the grounds and reasons for the disposition are not specified specifically in the written disposition

(B) Recognizing the facts of recognition (see, e.g., Supreme Court Decision 2011Du18571, Nov. 14, 2013). (B)

② The Defendant’s person in charge is a person subject to deportation to the Plaintiff in the process of examination.

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