[유기장영업허가취소처분취소][공1985.1.1.(743),41]
If the place is moved to a place without obtaining permission for change of the place of business, whether the disposition of revocation of business permission is appropriate (affirmative)
Since permission for the business of a place of abandonment is an object of objective elements, such as the content and condition of the object, etc., the location and size of the object are elements of the business permission. If the plaintiff transferred the facility from the place of original permission without permission for the change of the place of business, and failed to comply with the defendant's order for correction, restoration order, and operation at the same place, the business without permission for the new place of business shall be conducted without permission for the new place of business, and the original permitted place of business shall be deemed to violate the rules of practice and conditions
Articles 3 and 6 of the Recreation Business Act, Article 1 of the Administrative Litigation Act
Plaintiff
Head of Busan Metropolitan City and Jung-gu
Daegu High Court Decision 83Gu320 delivered on April 26, 1984
The judgment below is reversed and the case is remanded to the Daegu High Court.
We examine the grounds of appeal.
1. According to the reasoning of the judgment of the court below, the defendant's relocation of the former place of business to the 0th place of business without permission was 10th or more of August 31, 1979, and the plaintiff's relocation of the former place of business to the 10th place of business without permission for the alteration of the 2nd place of the former place of business without permission for the alteration of the 2nd place of the 2nd place of the 3rd place of the 2nd place of the 3rd place of the 1st day of the 1st day of the 4th day of the 2nd day of the 197th day of the 2nd day of the 2nd day of the 2nd day of the 10th day of the 1st day of the 2nd day of the 2nd day of the 10th day of the 1st day of the 2nd day of the 10th day of the 1st day of the 2nd day of the 10th day of the 1st day of the 1st day of the 2nd day.
2. The so-called "permission" under the Administrative Act is a release from a specific case of prohibition, that is, the release of a relative prohibition, and is only the recovery of a limited freedom as a release of the general prohibition for which the permission has been reserved. As such, the permission of this case is not a formative act of establishing the right to manage the place of abandonment, but the recovery of the business operator's oil to cancel the prohibition of police. Therefore, the business profit is merely a mere anti-private interest and cannot be deemed as a profit protected by the law. Furthermore, it is more appropriate to determine what is the general prohibition in light of the nature of the administrative act, and what is the object of the policy purpose in light of the diversity and diversity of modern society, and what is the object of the permission of this case, and therefore, the permission of the place and the scale of facilities of this case constitutes the elements of the business permission of this case.
In light of the above, the permission for the organic hall business of this case is about the ○○ Electronic Entertainment Office located in Jung-gu, Busan Metropolitan City ( Address 1 omitted), so the plaintiff can carry on the business belonging to the name of the place of business, its structure, and its equipment at the location of the place of business stated in the application for the permission which the plaintiff submitted to the administrative agency under the conditions as prescribed by the Act on the Recreation Business and the Enforcement Decree of the Act. Thus, the permission for the organic hall business of this case can only be operated with the permission of the administrative agency concerned when the permission is modified. However, since the nature of the permission as mentioned above is the same as the new permission, the administrative agency concerned should automatically grant the permission unless it is inappropriate for the public interest.
3. As determined by the court below, the court below's decision that the business license cannot be revoked on the ground that the plaintiff could not be revoked on the ground that the business license of this case cannot be revoked on the ground that the business license of this case and the revocation thereof cannot be exempted on the ground that the business license of this case cannot be revoked on the ground that the business license of this case cannot be revoked on the ground that the business license of this case cannot be revoked on the ground that the business license of this case and the revocation thereof cannot be exempted on the ground that the business license of this case cannot be revoked on the ground that the business license of this case cannot be revoked on the ground that the business license of this case cannot be revoked on the ground that the business license of this case and the revocation thereof cannot be exempted on the ground that the court below erred by misapprehending the legal principles on the business license of this case and the revocation thereof, if the business was operated at this place.
Therefore, the judgment of the court below shall be reversed and the case shall be remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)