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(영문) 서울행정법원 2020.08.13 2019구합76207
법무법인허가처분무효확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

Details of the disposition

A. C of the joint law office is a legal office established by a plaintiff (appointed parties) and a designated person (hereinafter “Plaintiff”) for the purpose of performing the duties, etc. of an attorney-at-law as prescribed by the Attorney-at-Law Act, and reported to the Korea Association on April 1, 2017.

B. On May 22, 2019, E established “Law Office E” at the Joint Law Office C and submitted an application for authorization to establish “Law Office B” to the D Association on June 13, 2019.

(hereinafter “instant application”). C.

D The Association sent the instant application to the Defendant on June 14, 2019, and the Defendant decided on June 18, 2019 the authorization for the establishment of “law firm B” and approved on June 20, 2019.

(hereinafter “instant disposition”). On June 24, 2019, the Intervenor joining the Defendant (hereinafter “the Intervenor”) was established for the purpose of performing the duties, etc. of attorney-at-law.

The Plaintiff and E were members of the joint law office C (hereinafter “instant law office”) on May 22, 2019, and filed the instant application under the name of “law firm B”. After receiving the instant application, the Association sent to the Defendant along with the relevant content after investigating the existence of the instant law office using “C”, which is the same as “B,” which is the name of the Intervenor, after having investigated the fact that there was the instant legal office using “C,” which is the same as “B,” which is the name of the Intervenor. 2) The name “C” used by the instant law office, as the word derived from “F,” is meaningful to be symbolic in terms of legal science and medicine.

Article 40 of the Rules of the D Association (hereinafter referred to as the "Rules of this case") provides that "No law firm (with limited liability) shall use any name identical or similar to the office in Articles 30 and 40-2." The name of the law firm that intends to use shall be the name of the law firm."

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