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(영문) 서울행정법원 2017.04.13 2016구합71270
수익사업승인취소처분 취소청구의 소
Text

1. On May 13, 2016, the Defendant’s profit-making business related to waste disposal and transportation related to waste-making milk business for the Plaintiff.

Reasons

The details and details of the disposition were established for the purpose of supporting persons who have rendered distinguished services to the State and their bereaved families and enhancing their self-support capabilities based on the Act on the Establishment of Organizations by Persons, etc. of Distinguished Services to the State (hereinafter “the Act on Organizations, etc. of Persons of Distinguished Services to the State”). The Defendant obtained approval

On May 13, 2016, the Defendant revoked the “approval of the part of waste disposal and transportation with respect to waste food” among the profit-making businesses on the ground that the Defendant failed to meet the requirements for direct operation pursuant to Article 23 Subparag. 2 of the Act on the Persons of Distinguished Services to

(hereinafter referred to as "disposition of this case"). 【No dispute exists, as shown in the attached Form of Acts and subordinate statutes relating to the determination of Gap's evidence 11, and the purport of the whole pleadings.

Article 22 (1) 1 of the Administrative Procedures Act provides that a hearing shall be held when an administrative agency issues a disposition in accordance with other Acts and subordinate statutes.

Article 23 subparagraph 2 of the Act on the Organizations of Persons of Distinguished Services to the State provides that the Minister of Patriots and Veterans Affairs may cancel the approval of a profit-making business if a profit-making business entity approved pursuant to Article 18 (1) fails to directly operate a profit-making business, while the Minister of Patriots and Veterans Affairs intends to cancel the approval of a profit-making business pursuant to Article 24.

As such, the purpose of the hearing system under Article 22(1)1 of the Administrative Procedures Act is to consider the possibility of correction of the illegal cause and to ensure caution and appropriateness of the disposition by granting the parties an opportunity to submit materials favorable to a vindication for the reason of the administrative disposition. Thus, if an administrative agency provides that when an infringing administrative disposition is conducted in particular, the administrative agency shall hold a hearing in accordance with the laws and regulations on the disposition.

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