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(영문) 대법원 2019.09.09 2019두34548
항만시설사용료정정부과처분취소
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. In general, in order to apply the principle of the protection of trust to an act of an administrative agency, the administrative agency must name the public opinion that is the subject of trust to an individual, and ② the administrative agency’s title of opinion is justified and trusted so that there is no cause attributable to the individual; ③ the individual should have trusted that the name of opinion was given; ④ the administrative agency should have conducted any act corresponding thereto; ④ the administrative agency’s disposition contrary to its title of opinion would result in an infringement of the interest of an individual trusted in the name of opinion; ⑤ the administrative disposition following its title of opinion should not be likely to seriously undermine the public interest or legitimate interests of a third party.

(See Supreme Court Decision 2004Du46 Decided June 9, 2006, etc.). 2. A.

According to the reasoning of the lower judgment and the reasoning of the first instance judgment, the following circumstances are revealed.

(1) On October 20, 2001, the Plaintiff engaged in the agricultural product export and import business, such as B and B, newly constructed a distribution center including a logistics warehouse and a management Dong, etc., on the H site in Changwon-si located within the boundary of B Section C (hereinafter “the entire site of this case”).

(2) From the time of completion of the construction work on February 13, 2003, the Plaintiff obtained permission for exclusive use of harbor facilities for the entire site of this case from the Defendant pursuant to Article 30(1) of the Harbor Act, and continued to use the entire site of this case after obtaining permission for extension of the period thereafter.

(3) Article 8(1) [Attached Table 1] of the Regulations on the Use of and Rent for Harbor Facilities, such as Trade Port, etc., publicly notified by the Minister of Oceans and Fisheries pursuant to delegation of Article 30(4) and (7) of the Harbor Act, and Article 28(2) of the Enforcement Decree of the Harbor Act (hereinafter “the Rules on Use Fees”).

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