숙박업영업신고증교부의무 부작위위법확인
The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
The grounds for request for retrial shall be examined.
1. The plaintiff asserts as follows.
In other words, Article 3 (3) of the Enforcement Rule of the Public Health Control Act provides that "the head of a Si/Gun/Gu who has received a report under paragraph (1) shall immediately issue a business report in attached Form 2 and prepare and manage a report management ledger in attached Form 3 (including electronic documents)." Article 3 (4) of the same Act provides that "the head of a Si/Gun/Gu who has received a report under paragraph (1) shall verify the facilities and equipment of the relevant place of business within 15 days after issuance of a business report, where necessary to verify the relevant place of business." Thus, the defendant is obligated to immediately issue a business report to the plaintiff who filed a business report of a public health business (or accommodation business)
Therefore, although the court of final appeal should have judged whether the defendant is obligated to deliver a business report under Article 3(3) and (4) of the above Enforcement Rule, it did not make any decision in the judgment subject to final appeal. Therefore, there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject
2. The summary of the judgment subject to a retrial is as follows.
If a person who intends to operate a lodging business has the facilities and equipment prescribed by Acts and subordinate statutes and has reported to the competent administrative agency, the administrative agency shall, in principle, accept it in accordance with the provisions of
The rejection by an administrative agency for reasons other than those stipulated by Acts and subordinate statutes shall be limited to cases where there are special circumstances, such as the necessity of serious public interest to refuse it in light of the purpose of Acts
This legal doctrine has already been reported in the name of another person by a person who intends to operate a new lodging business in the whole or part of a facility, etc. for which the lodging business is reported.