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(영문) 대법원 2015.10.15 2013두19677
도로점용료부과처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 32(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “Where the maintenance business is deemed to have obtained authorization, permission, etc. under other Acts pursuant to paragraphs (1) and (2), the fees, etc. imposed for the relevant authorization, permission, etc. shall be exempted pursuant

In addition, when Article 32(6) of the former Act on the Maintenance and Improvement of Urban Areas (hereinafter “former Act”) was amended on February 1, 2012, Article 32(6) was changed to “the fee imposed for the relevant authorization, permission, etc. in accordance with the relevant Act or City/Do Ordinance, and the fee or occupation fee imposed for the use or occupation of the relevant state-owned or public-owned or public-owned land is exempted.”

However, Article 1 (Enforcement Date) of the Addenda to the Act on the Improvement of Urban Areas provides that "this Act shall enter into force on the date six months have elapsed after its promulgation: Provided, That the amended provisions of Article 32 (6) shall enter into force on the date of its promulgation; and Article 7 (Application Cases of the Use and Occupancy of State-Owned Land) of the Addenda provides that "the amended provisions of Article 32 (6) shall apply to the first application for authorization to implement the project after this Act enters into force."

Meanwhile, Article 26(4) of the former Urban Redevelopment Act (repealed by Article 2 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act No. 6852, Dec. 30, 2002) provides that "where the authorization, permission, etc. under other Acts is deemed to have been granted under the provisions of paragraphs (1) and (2), the fees, usage fees, etc. imposed under

2. The court below held that ① Article 32(6) of the former Act on the Improvement of Urban Areas and Dwelling Conditions for the State-owned or public land at issue.

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