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(영문) 대법원 2015.12.23 2011두32447

하천점용허가취소처분취소

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All appeals are dismissed.

The costs of appeal are assessed against the Plaintiffs, including the part resulting from the supplementary participation.

Reasons

The grounds of appeal are examined.

In the case of cancelling or withdrawing a beneficial administrative disposition, the infringement of the other party’s vested vested rights. Thus, even if there are grounds such as revocation, the exercise of the right to cancel is necessary for the important public interest to justify the infringement of the vested rights, or for the protection of the interests of a third party. In comparison with the disadvantages that the other party receives, the exercise of the right to cancel, etc. may be permitted only where the need for the public interest, etc. is strong enough to justify the disadvantage that

(2) In order to implement the instant river construction, the Defendant issued each of the instant dispositions to withdraw permission for occupation and use of the river in question, and the Defendant’s withdrawal of the right to occupy and use the river in question is not objectively apparent, and thus, the Plaintiffs’ right to withdrawal of the said permission cannot be deemed null and void under Article 7(1)4 of the River Act. The lower court acknowledged the following facts based on adopted evidence: (a) the instant river construction project was carried out as part of the fourth river construction project; and (b) the implementation plan of the instant river construction project was publicly announced in the process; (c) the Plaintiffs obtained permission from the Defendant in the river in the area where the implementation plan was implemented; and (d) the instant river construction project was carried out; (d) the Defendant’s withdrawal of each of the instant dispositions; and (e) the area belonging to the instant river construction project was lower than the planned flood level; (e) the average and lower level of flood level was required to increase the flood control level; and (e) there was a problem of damage to the river ecosystem and water quality deterioration caused by the instant river construction project.