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(영문) 서울고등법원 2016.01.26 2015누59756
공청회개최처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The plaintiff (appointed party) and the defendant among the costs of appeal.

Reasons

1. The reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional statement of the court’s determination as to whether the lawsuit of this case is legitimate or not. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Whether the lawsuit of this case is lawful

A. The issue of whether a certain act of an administrative agency can be a subject of an appeal cannot be determined abstractly and generally. In a specific case, an administrative disposition is an enforcement of law with regard to specific facts conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people. In mind, the decision should be made on an individual basis by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the actual relation between the act and the other party, and the principle of administration by the rule of law, the attitude of

(see, e.g., Supreme Court Decision 2010Du7321, Jun. 10, 2011). B.

Article 2 subparag. 6 of the Administrative Procedures Act provides that "a public hearing shall be conducted by an administrative agency to extensively gather opinions on any administrative action through an open debate from the parties, persons with expert knowledge and experience, and other general public." Article 9(3) of the Urban Renewal Act provides that where the head of a Si/Gun/Gu establishes or amends an urban renewal acceleration plan, he/she shall make the details thereof available to residents for public inspection for at least 14 days and hear the opinions of the local council and hold a public hearing after seeking opinions from the local council. According to the above provisions, the public hearing of this case is limited to a simple administrative procedure conducted to secure interested parties' participation, fairness, transparency, and reliability of administration, etc. prior to determining whether to modify the

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