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(영문) 서울고등법원 2015.11.19 2015누37442
방송심의제재조치취소청구
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the part concerning the order to notify broadcasting.

Reasons

1. The reasons why this court should explain concerning this part of the developments of the disposition are the same as the corresponding part of the judgment of the court of first instance (from No. 6 to No. 3, from No. 18, from No. 16 to No. 24, and from No. 16 to No. 24, referred to as “the developments of the disposition of No. 1,” with the exception of the following matters. As such, it shall be cited in accordance with Article 8(2)

In addition, the second part of the judgment of the court of first instance, "C" of the second part of the judgment of the court of second instance shall be raised to "O".

In addition, each of the “instant dispositions” described between Chapters 15 and 19 of the judgment of the court of first instance as “the instant orders (hereinafter collectively referred to as the “instant dispositions”) 16-17 of the second instance judgment sees that “the instant orders were issued.” In addition, each of the “instant dispositions” described between Chapters 15 and 19 of the judgment of the court of first instance 3 is different from the “instant decisions.” 2. Determination ex officio as to the part of the notice broadcasting order on December 2, 200

A. The term "administrative disposition", which is the object of the relevant legal doctrine, refers to an act under public law of an administrative agency, which causes direct change in the legal status of a citizen, such as ordering the establishment of a right or the burden of an obligation, or giving rise to other legal effects on a specific matter, and barring special circumstances, an act that does not cause direct legal change in the legal status of the other party or other persons concerned, such as the act of non-power fact, such as the recommendation by an administrative agency or the administrative guidance,

I would like to say.

(see, e.g., Supreme Court Decisions 95Nu9099, Nov. 21, 1995; 2003Du10312, Feb. 17, 2005). In addition, the issue of whether an administrative agency’s act is considered an administrative disposition cannot be determined abstract, general, and in specific cases, an administrative disposition is a law enforcement with regard to specific facts conducted by an administrative agency as a public authority.

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