Delegation scope of the authority to approve change of grain processing facilities

When a grain processing operator intends to change his facilities such as lease, extension, establishment, relocation, reduction, etc., the approval authority was delegated by the Minister of Agriculture and Forestry to the Seoul Special Metropolitan City Mayor, the Busan Metropolitan City Mayor, or the Do Governor except in the case of the relocation of a large-scale factory between Sis or Guns and the extension of a large-scale

Article 21 of the Grain Management Act; Articles 18 subparag. 5 and 15 of the Enforcement Decree of the Grain Management Act; Articles 20(15) and 59 of the Regulations on Delegation and Entrustment of Administrative Authority

Plaintiff 1 and two others, Counsel for the defendant-appellant-appellee and one other, Counsel for the plaintiff-appellant-appellee)

Seoul High Court Decision 200Na1488 delivered on August 1, 200

Gwangju High Court Decision 76Gu52 delivered on October 28, 1976

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

The defendant's attorney's grounds of appeal are examined as follows.

1. According to the judgment of the court below, the court below accepted the plaintiffs' claim seeking the revocation of the disposition that the defendant, as the decision of March 12, 1976 No. 11365-495, approved the removal of the government grain processing factory of the previous Kim Jong-gun to the non-party to the 45th unit rearrangement of the previous Kim Jong-gun, inasmuch as the removal of the government grain processing factory of the previous Kim Jong-gun to the non-party was a disposition of significant and obvious invalidation by the authorityless administrative agency.

However, according to Article 18 of the Enforcement Decree of the Grain Management Act as amended by the Presidential Decree No. 533, Sep. 18, 1970, the authority of the Mayor of the Seoul Special Metropolitan City or the Mayor of the Busan Special Metropolitan City on the permission for the large-scale grain processing business pursuant to Article 21 of the Grain Management Act (excluding the authority of the Mayor of the Seoul Special Metropolitan City or the Mayor of the Busan Special Metropolitan City on the permission for the large-scale grain processing business pursuant to subparagraph 4, and the authority of the Mayor or the Governor on the transfer or lease of the facilities of the Class A processing business or the receipt of the report on disuse of the above Article 17 subparagraph 4 of the above Decree, the authority of the Mayor or the Governor on the large-scale grain processing business pursuant to subparagraph 7 of the above Article 17, the authority of the Mayor or the Governor on the transfer or lease of the new grain processing business pursuant to Article 21 of the above Act is within the scope of the authority delegated to the Mayor or the Governor on the above Article 17 subparagraph 4 of the above Decree.

Therefore, the judgment of the court below that differs from this opinion is ultimately erroneous in the misapprehension of the legal principles of Article 15 of the Enforcement Decree of the Grain Management Act, Article 20 (15) 59 of the Regulations on Delegation and Entrustment of Administrative Authority, and the illegality of this case affected the conclusion of the judgment. Therefore, the argument that points out this point has merit. Therefore, the judgment of the court below is reversed in accordance with Articles 400 and 406 (1) of the Civil Procedure Act, and the case is remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating judges.

Justices Min Jae-chul (Presiding Justice)