Main Issues

In order to interpret the public welfare of Article 12 of the Administrative Litigation Act by misunderstanding it, the so-called ruling of the circumstances was rendered.

Summary of Judgment

When an administrative disposition is unlawful, the court may render a so-called ruling on the circumstances only in extremely exceptional cases where it is extremely inappropriate to revoke or alter the administrative disposition in consideration of the degree of illegality of the administrative disposition, compared with the public interest that should be protected by sacrificeing the principle of revocation or the principle of prior guarantee and the above principle.

[Reference Provisions]

Article 12 of the Administrative Litigation Act, Article 20 of the Constitution

Plaintiff-Appellant

Plaintiff (Attorney Park Tae-tae, Counsel for the plaintiff-appellant)

Defendant-Appellee

Daegu Market

original decision

Daegu High Court Decision 65Gu40 delivered on December 14, 1965

Text

We reverse the original judgment.

Reasons

According to the facts acknowledged by the court below and the decision of the court below, the plaintiff's ground of appeal was examined. The plaintiff's construction permit was revoked on July 14, 1965 on the ground that the building site was owned by the plaintiff, although the plaintiff constructed a store and house on the above site, the construction permit was revoked on August 21, 1965. The plaintiff's construction permit was revoked on the 23th of the same month, despite the above construction permit was revoked, within 7 days of violation of Articles 5 and 45 of the Building Act, and the plaintiff's construction permit was revoked on the 19th of the above 8th of the 193th of the 193th of the 193th of the 193rd of the 196th of the 196th of the 196th of the 1966th of the 10th of the 196th of the 2nd of the 1966th of the 19th of the construction permit.