[행정처분취소][집24(1)행054,공1976.4.1.(533) 9010]
Whether there is a benefit to seek revocation of a business license granted by the head of the Dong who has no authority to permit the business of the abandoned place.
In light of the provisions of the law of the place of abandonment and the Local Autonomy Act, the permission for the place of abandonment business is decided by the mayor, and there is no ground to delegate the right to the permission to the head of the Dong to the outside, and the permission for the business conducted by the head of the Dong who has no authority to do so shall be null and void a year.
Plaintiff
Defendant of the Jeonju-si Examination Head (Attorney Park Jong-dae, Counsel for the defendant-appellant)
Gwangju High Court Decision 75Gu29 delivered on December 5, 1975
The judgment of the court below is reversed and the case is remanded to Gwangju High Court.
Before viewing the Defendant’s agent’s grounds of appeal, the Plaintiff brought the instant lawsuit ex officio.
We examine whether there is a profit or not.
According to the facts established by the court below, the plaintiff was from the defendant on April 22, 1975 at Jeonju-si ( Address omitted).
However, according to the provisions of Article 3(1) of the Abandonment Act, permission for the business of an electronic recreation facility was granted to the head of Dong under the name of ○○○○, but there is no ground for the head of Dong to delegate this right to the permission to the head of Dong in the case of this case. Furthermore, even if the above authority was delegated to the head of Dong in accordance with the provisions of Article 637 of the Ordinance of the Jeonju City, it is only an internal delegation. This is because it is only the so-called internal delegation, even though the above authority was delegated to the head of Dong in accordance with the provisions of Article 637 of the Ordinance of the Jeonju City.
The court below should clarify the grounds on which the defendant can conduct the above business permission, and if there is no authority to do so, the business permission that the plaintiff received is required to be null and void, and thus there is no interest in the plaintiff to institute the instant lawsuit. The court below should reverse the judgment of the court below without determining the grounds for appeal, and remand the case to the Gwangju High Court which is the court below. This decision is consistent with the opinions of the participating judges.
Justices Kim Yong-chul (Presiding Justice)