[개인택시운송사업면허취소처분취소][공1989.5.15.(848),693]
If a private taxi transportation business license was obtained by fraudulent means, whether such revocation can be invoked with trust interest in administrative actions (negative)
In order to revoke the beneficial administrative act such as a license of a private taxi transport business, the decision shall be made by comparing the needs of the public interest to be revoked and the disadvantage that the party may sustain due to the revocation thereof. However, in light of the principle of good faith and fairness, it is reasonable for the administrative agency to have no room for discussion about abuse of discretionary power, since the administrative agency mispercing that the applicant's qualification was obtained by fraudulent means and mispercing that the applicant's qualification was a defective disposition, it can be revoked by itself because the administrative agency itself is a defective disposition. In this case, since the person who obtained the license was aware that the profit was illegally acquired, and the possibility of revocation was anticipated, it is reasonable for the administrative
Article 1 of the Administrative Litigation Act
Supreme Court Decision 84Nu327 Decided May 28, 1985, 84Nu700 Decided June 11, 1985, 85Nu271 Decided June 25, 1985, 88Nu3642 Decided March 28, 1989 (Dong)
Plaintiff 1 and 2 plaintiffs, Counsel for the defendant-appellee
Seoul Special Metropolitan City Mayor
Seoul High Court Decision 87Gu505 delivered on January 27, 1988
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The plaintiffs' grounds of appeal are examined.
In order to cancel the beneficial administrative act such as a license of a private taxi transport business, the decision should be made by comparing and comparing the needs of the public interest to cancel the license and the disadvantage that the party may sustain due to the cancellation. However, if the administrative agency misleads the applicant as to the qualification of license by mistake and makes a disposition of license by mistake, the administrative agency may cancel the license on its own on its ground because the disposition is defective. In this case, the person who obtained a license by mistake is aware that his interest was illegally acquired, and the possibility of cancellation was anticipated, and even if the administrative agency did not consider it, it is reasonable in light of the principle of good faith and fairness (see Supreme Court Decision 84Nu327 delivered on May 28, 1985). Accordingly, it is reasonable in light of the records that the court below's decision that there is no possibility of discussing the abuse of discretionary power even if the administrative agency did not consider it, and it is justified in the misapprehension of legal principles as to the plaintiffs' application of the license of a private taxi transport business.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Chang-chul (Presiding Justice)