공유수면 점.사용허가처분취소
The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
The grounds of appeal are examined.
1. Even if a third party is not the direct counter-party to an administrative disposition, if any interest legally protected by the administrative disposition is infringed, he/she shall be entitled to a decision on the propriety thereof by filing an administrative litigation to seek the cancellation or nullification of the disposition;
The legally protected interest here refers to the individual, direct and specific interest protected by the underlying laws and regulations of the pertinent disposition and the relevant laws and regulations.
(2) Article 12 of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”) provides that “Where a person who has an occupancy or use right to public waters gives consent to occupancy or use of public waters (hereinafter “person who has a right to use or use public waters”) and has a right likely to be damaged due to such permission and prescribed by Presidential Decree, such permission shall not be granted to such person.” Meanwhile, Article 12(1) of the Enforcement Decree of the Public Waters Act provides that “Where a person who has an occupancy or use right to public waters gives consent to occupancy or use of public waters (hereinafter “person who has a right prescribed by Presidential Decree” in the main sentence of Article 12 of the Public Waters Act refers to any of the following persons, and Article 12(1) of the Enforcement Decree of the Public Waters Act provides that “Where a person who has an occupancy or use right to public waters gives consent to occupancy or use public waters, it refers to a person who has a right prescribed by Presidential Decree” in the main sentence of Article 12 of the Public Waters Act refers to a person who owns adjacent public waters or public waters (hereinafter “the owner of adjoining public waters”).”