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(영문) 부산고등법원 2018.07.25 2017누24820
영업정지처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as follows: ① with respect to the assertion of violation of the principle of protection of trust (2) and 3) with respect to the allegation of violation of the principle of protection of trust (2) with respect to the judgment of the court of first instance from 9, 21 to 12, and the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act, in addition to the deletion of the part "3. suspended execution" from 12, 5, and 10

2. Part 2 as to the assertion of violation of the principle of protection of trust in general administrative legal relations: (A) In order to apply the principle of protection of trust to the act of an administrative agency, first, the administrative agency should name the public opinion that is the object of trust to the individual; (b) the administrative agency should not cause the individual to believe that the name of the opinion of the administrative agency is justifiable; and (c) the administrative agency should have conducted any act corresponding thereto; (d) the administrative agency should have conducted any act contrary to the above opinion name; and (e) the administrative agency should have conducted any disposition contrary to the above opinion name, thereby infringing the personal interest in which the name of the opinion is trusted; and (e) the final administrative disposition following the above opinion name should not be likely to seriously undermine the public interest or legitimate interests of a third party.

(see, e.g., Supreme Court Decision 2013Du819, Dec. 23, 2015). Meanwhile, the principle of protection of trust is a principle that applies under the premise that an administrative agency maintains its public position as it is, and thus, where such circumstance is changed later, barring any special circumstance, barring any special circumstance, an administrative agency’s disposition contrary to its statement of opinion is against the principle of protection of trust.

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