일시도로점용료 등 부과처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment except for the case as stated in paragraph (2). Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
(2) The court below's findings of fact and determination of the first instance court are justified even if the defendant's grounds for appeal by this court are not significantly different from the contents alleged in the first instance court, and all evidence submitted to the first instance court and this court are examined). 2. The second instance portion is justified.
A. Article 103(1) of the Road Act applies mutatis mutandis to Article 68 of the Road Act. As Article 103(2) of the Road Act applies mutatis mutandis to the fifth and sixthth judgment of the first instance court, Article 103(2) of the Road Act is deemed to apply mutatis mutandis to the permission to occupy and use a road. As such, Article 108
"paragraph (4)" in the judgment of the first instance.
(b) and (c);
Article 103(1)1 of the Road Act provides that “If a person, other than a road management authority, files an application for permission for road works with the road management authority pursuant to Article 36 of the Road Act to implement road works, the fee shall be paid.” Meanwhile, Article 68(2) of the Road Act provides that “the fee shall be deemed the fee shall apply mutatis mutandis to the reduction of or exemption from the fee under Article 36(1).” Article 68 of the Road Act provides that “The road management authority may reduce or exempt the fee, as prescribed by Presidential Decree, if the purpose of the permission to occupy and use the road falls under any of the following subparagraphs.” Article 68 of the Road Act provides that “If the purpose of the permission to occupy and use the road falls under any of the following subparagraphs, the road management authority may reduce or exempt the fee for occupation and use, as prescribed by Presidential Decree.”