logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.12.23 2013두8806
국공유지 동의요청 반려처분 취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. The issue of whether a certain act of an administrative agency can be the subject of an appeal cannot be determined abstractly and generally. In a specific case, an administrative disposition is an enforcement of law with respect to a concrete fact by an administrative agency as the subject of public authority, which directly affects the rights and obligations of the people. The decision shall be made individually in consideration of the contents and purport of the relevant Acts and subordinate statutes, the subject, content, form and procedure of the act, the actual relation of the act and the disadvantage suffered by interested persons such as the other party, and the principles of administration by the rule of law

(2) According to the former Urban Development Act (amended by Act No. 10580, Apr. 12, 2011); according to the former Urban Development Act (amended by Act No. 10580, Apr. 12, 2011), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, the Governor of a Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor”) and the head of a Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may request the Mayor/Do Governor to designate an urban development zone as prescribed by Presidential Decree (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the Mayor/Do Governor, etc., may request the Mayor/Do Governor to designate an urban development zone (referring to the head of an autonomous Gu; hereinafter the same shall apply) and the Mayor/Do Governor, etc. to establish a development plan for an urban development project (Article 3(4)).

(Article 4(3) and owners of land in an urban development zone may propose the designation of an urban development zone to the Special Self-Governing Province Governor or the head of Si/Gun/Gu (Article 11(5)), as prescribed by Presidential Decree (Article 11(5)). In such cases, owners of land equivalent to at least 2

arrow