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(영문) 서울고등법원 2020.12.10 2020누55710
업무정지등처분취소
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 cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the following is added to the corresponding part of the judgment of the court of first instance. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article

【Additional Part】 The 10th 16th 16th 2nd 16th 16th "see, e.g., Supreme Court Decision 2007Du18215, Dec. 11, 2008) where an administrative agency grants a disposition of the suspension of business, it is a matter belonging to the discretionary authority of the administrative agency. However, where it constitutes an abuse of discretionary power beyond the discretionary authority by violating the public interest principle, the principle of equality, or the principle of proportionality, etc., it is an illegal disposition and subject to judicial review. However, if the court determines that the disposition of the suspension of business is abuse of discretionary authority, it can only order the cancellation of the disposition as an illegal disposition, and it can be said that the degree of the suspension of business is beyond the scope of judicial review, and it can be seen as the same as the case of the disposition of the suspension of business.

"in addition".

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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