영업신고등 수리처분 취소처분의 취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.
The grounds of appeal are examined.
1. As to the meaning of "building" under the former Processing of Livestock Products Act
A. According to the provisions of Articles 21 and 24 of the former Processing of Livestock Products Act (amended by Act No. 10219, Mar. 31, 2010; hereinafter the same), and Article 36 of the former Enforcement Rule of the Processing of Livestock Products Act (amended by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries No. 28, Aug. 20, 2008; hereinafter the same), a person who intends to sell livestock products shall prepare the pertinent facilities prescribed in [Attachment Table 10] under Article 29 of the above Enforcement Rule, and shall report the change of the place of business reported.
Meanwhile, Article 29 [Attachment 10] of the above Enforcement Rule provides for the location, etc. of buildings where the processing facilities of livestock products and the storage facilities of raw materials and products are installed (hereinafter “buildings”) in subparagraph (1) of Article 3-A, and provides for the location, etc. of buildings as common facility standards for livestock product sales business in subparagraph (1) of Article 6-A.
B. According to the reasoning of the judgment below, the court below determined that the location of the business place of livestock product sales should be the building under the Building Act. In light of the above provisions and contents of the above statutes, the judgment of the court below is just and did not err by misapprehending the legal principles on the facility criteria of the building in the
On a different premise, this part of the ground of appeal is rejected to the effect that it can be a building under the Processing of Livestock Products Act if a space or structure is deemed not likely to cause sanitary harm due to the processing and distribution of livestock products, even if it is not a building under the Building Act.
2. As to the deviation and abuse of discretionary power
(a) If there is a defect in an administrative act, the agency which has conducted the administrative act may cancel it on its own, even if there is no separate legal basis, and shall cancel the administrative disposition which is beneficial to it;