가산금 반환
The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
The grounds of appeal are examined.
1. As to whether a notice of refusal to refund infrastructure charges and additional dues is subject to appeal litigation
A. The issue of whether a certain act of an administrative agency can be a subject of an appeal cannot be determined abstractly and generally. In view of the fact that an administrative disposition is a law enforcement with respect to specific facts conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people, the determination should be based on the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law and the attitude of the administrative
(See Supreme Court en banc Decision 2008Du167 Decided November 18, 2010, etc.). B.
The infrastructure charges system is a system that has the causing agent bear the cost of installation, maintenance or improvement of infrastructure, such as roads, parks, green areas, water supply, sewerage, schools, waste disposal facilities, etc. which are caused by the construction activities of buildings.
This was introduced and enforced by the Act on Infrastructure Charges in July 2006, but it was replaced by the imposition system for the installation cost of infrastructure newly established by the National Land Planning and Utilization Act in March 28, 2008.
However, the repealed Act stipulated that the infrastructure charges to be imposed or refunded under the previous Act before the abolition shall be governed by the previous Act.
[Attachment Article 2 of the Addenda to the Abolition of the Infrastructure Charges Act (Act No. 9051 of March 28, 2008), Article 2 of the Addenda to the Abolition Act (Act No. 9051 of March 28, 2008), the Act on Infrastructure Charges and its Enforcement Decree (amended by Presidential Decree No. 21038 of September 25, 2008) are “the Act” or “Enforcement Decree”). In this Act, the person liable to pay infrastructure charges has paid the infrastructure charges in relation to the development project