Text
The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
Reasons
The grounds of appeal are examined.
1. In general, in administrative legal relations, in order to apply the principle of the protection of trust to an act of an administrative agency, first, the administrative agency should name the public opinion that is the subject of trust to an individual, second, the administrative agency should not be responsible to the individual with respect to the trust of the individual, second, the individual should have trusted and trusted that the statement of opinion of the administrative agency was justifiable, third, the administrative agency should have conducted any act against the above statement of opinion, fourth, the administrative agency should have made a disposition contrary to the above statement of opinion, thereby infringing on the individual's interest, and last, the above statement of opinion should not be likely to seriously undermine the public interest or legitimate interests of a third party.
(1) In a case where an administrative disposition satisfies the remaining requirements of the principle of trust protection (see, e.g., Supreme Court Decision 2000Du8684, Sept. 28, 2001). Therefore, even in a case where an administrative disposition satisfies the remaining requirements of the principle of trust protection, if the public interest to be achieved by an administrative disposition going against the public opinion expressed earlier by the administrative agency is strong enough to justify the infringement of the interest that an individual trusted the name of the public opinion expressed by the administrative agency’s public opinion, such administrative
(1) In order to interpret the meaning of an administrative act or declaration of intent by an administrative agency, the meaning of an administrative act or declaration of intent should be comprehensively taken into account with the language and text of an administrative act, declaration of intent, or other party’s filing an application, etc., the purpose of an administrative act or declaration of intent, the process in which an administrative act or declaration of intent was made, and the interests of the parties.
(see, e.g., Supreme Court Decision 2002Du1172, Feb. 14, 2003). Moreover, an individual’s fault for the trust in the statement of opinion by an administrative agency is attributable to the individual.