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(영문) 대법원 2016.05.12 2013두26477
해상여객운송사업면허거부처분취소
Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The total cost of the lawsuit shall be the cost of the lawsuit.

Reasons

Judgment ex officio is made.

1. Since a lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking the restoration to the original state by excluding an illegal state caused by the illegal disposition, and the protection and remedy of the rights and interests infringed or obstructed by such disposition, there is no benefit in the lawsuit seeking the cancellation of the disposition in case where the infringement of rights and interests, etc. has been

(4) According to the reasoning of the lower judgment and the record, the Plaintiffs filed an application with the Defendant for a limited license for regular passenger transport services on May 13, 2005 pursuant to Article 4(2) of the former Marine Transport Act (amended by Act No. 8852, Feb. 29, 2008) and Article 4-2 of the former Enforcement Rule of the Marine Transport Act (amended by Ordinance of the Ministry of Oceans and Fisheries No. 413, Feb. 27, 2008) to the effect that the scope of services is limited to regular passenger transport services within the limits of transportation of trucks and their accompanying drivers or shippers; ② the Plaintiffs filed an application with the Defendant on February 27, 2012 for a limited license for regular passenger transport services without any restriction on the scope of their services; ② the Defendant’s application for a license by the Defendant on March 12, 2012, on the ground that it does not comply with the former Amended by Act No. 1510, Mar. 12, 2012. 2012.

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