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TITLE Supreme Court Decision 2017Du36212 Decided November 12, 2020 【Revocation of Penalty Surcharge Payment Order】 [full Text]
Summary
Legal ground and legal nature of IV 3. B. (4) of the former Public Notice of Detailed Guidelines for Imposition of Penalty Surcharge, which stipulates that a penalty surcharge may be increased “where a violator or an executive officer or employee of the organization with which he/she is affiliated refuses to, interferes with, or evades an investigation into such violation” (= discretionary rules)
Whether the above provision of the Public Notice ought to be respected as much as possible (affirmative)
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