영업손실보상
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination by this Court
A. The Plaintiff’s assertion argues that Article 45 subparag. 1 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is invalid for the following reasons as it violates the people’s property rights by deviating from delegation by law.
(1) Article 77 of the Land Compensation Act provides that business losses caused by the discontinuation or suspension of business due to the implementation of a public-service project shall be compensated for business profits and expenses incurred in the relocation of facilities, etc., and Article 45 of the Enforcement Rule of the above Act requires that the business should be carried out at the “legal place” in order to be compensated for business losses upon delegation by the above Act. The establishment of the legality of the place of business based on business compensation regardless of the legality of the business itself constitutes an infringement of the people’s property rights, as it excessively limits the scope of delegation by the mother’s law.
(2) The proviso of Article 45 subparag. 1 of the Enforcement Rule of the said Act that only the lessee of an unauthorized building, etc. exceptionally compensates for business losses is not a legitimate place of business, but a lessee of an unauthorized building, etc. exceptionally discriminates against the lessee of an unauthorized building, etc., such as where a lessee who has registered his/her business in accordance with the relevant statutes is operating his/her business.