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(영문) 대법원 2018.12.13 2017두59239
골재 선별ㆍ파쇄 신고에 따른 불허가 통보처분 취소청구
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

In general, in administrative legal relations, in order to apply the principle of the protection of trust to the act of an administrative agency, first, the administrative agency should name the public opinion that is the subject of trust to the individual, second, when the name of the opinion of the administrative agency is justifiable and trusted, there is no cause attributable to the individual, third, the individual should have trusted that the name of the opinion is trusted and carried out any act based on that name. Fourth, by the administrative agency's disposition contrary to the above opinion list, the benefit of the individual who trusted the opinion should be infringed.

If any administrative disposition satisfies such requirements, it is unlawful that it is against the principle of trust protection unless it is likely to seriously undermine the public interest or legitimate interests of a third party.

(1) In light of the legal principles of this case, the court below’s determination that the disposition of this case was unlawful in violation of the principle of the protection of trust, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the principle of the protection of trust.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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