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(영문) 서울고등법원 2017.12.01 2017누59835
의사자 불인정처분 취소청구
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 cited the same reasoning as that of the judgment of the court of first instance, except for the addition or dismissal of the following matters 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

The following shall be added to the 3rd page “A.”:

Article 20(1) of the Administrative Litigation Act, “the date on which the other party becomes aware of the disposition, etc.,” which is the starting date of the filing period of a lawsuit under Article 20(1) of the same Act, refers to the date on which the other party becomes aware of the fact that the relevant disposition, etc. was taken by notification, public announcement, or by other methods. Thus, when the other party becomes aware of the fact that an administrative disposition was taken by recognizing such fact, the filing period under Article 20(1) of the Administrative Litigation Act ought to be deemed to run (see, e.g., Supreme Court Decision 2014Du8254, Sept. 25, 2014). If the other party becomes aware of the fact that the disposition was taken by means of registration, the other party becomes aware of the disposition, barring counter-proof (see, e.g., Supreme Court Decision 99Du9742, Dec. 28, 199). 20.

2. The decision of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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