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(영문) 서울고등법원 2018.05.15 2018누35867
재결신청 지연가산금 청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the plaintiff at the trial does not differ from that of the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's claim even if the submitted evidence is reviewed together with the plaintiff's assertion, is justified.

Therefore, the reasoning for the statement concerning this case is that the court below's reasoning is identical to the reasoning of the judgment of the first instance, except where the "application for adjudication" under Section 4-2 of the judgment of the first instance is deemed to be "application for adjudication", and the "Plaintiff" under Section 7-6 is deemed to be "Plaintiff", and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 4

Article 22 of the Civil Petitions Treatment Act (Supplementary Withdrawal, etc. of Civil Petition Documents) 1 of the Act on the Settlement of Civil Petitions if it is necessary to supplement the received civil petition documents, the head of the administrative agency must, without delay, demand the petitioner to supplement the documents within a reasonable period fixed.

(2) Before the treatment of the relevant civil petition is completed, a civil petitioner may supplement, modify or withdraw the details of the civil petition.

Provided, That this shall not apply where special provisions exist in other Acts or it is impossible to supplement, modify, or withdraw the civil petition due to the nature of the civil petition.

(3) Matters necessary for the procedures, methods, etc. of supplementation of civil petition documents under paragraph (1) shall be prescribed by Presidential Decree.

(1) The head of an administrative agency shall request a civil petitioner to supplement civil petition documents pursuant to Article 22 (1) of the Act, such as documents or oral statements, where the civil petitioner requests supplementation pursuant to Articles 24 and 24 of the Enforcement Decree of the same Act.

(2) The head of an administrative agency shall clarify the period required for supplementation on the ground that the civil petitioner in receipt of a request for supplementation pursuant to paragraph (1) cannot supplement it within the period so requested.

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