¿µ¾÷Çã°¡Ãë¼ÒóºÐÀÌ ³ªÁß¿¡ ÇàÁ¤½ÉÆÇÀ» °ÅÃÆ´Ù.
The disposition for cancellation of business license was later subjected to administrative trial.
ÇàÁ¤½ÉÆÇ¿¡ ÀÇÇÏ¿© Àç·®±ÇÀ» ÀÏÅ»ÇÑ À§¹ýÇÑ Ã³ºÐÀÓÀÌ ÆǸíµÇ¾ú´Ù.
It was found to be an illegal disposition that deviated from its discretion by an administrative trial.
µû¶ó¼ ¿µ¾÷Çã°¡Ãë¼ÒóºÐÀÌ Ãë¼ÒµÇ¾ú´Ù.
Therefore, the disposition of the cancellation of business license was cancelled.
±×·¯³ª ±× óºÐÀº ÇàÁ¤Ã³ºÐÀÇ ±âÁØ¿¡ µû¸¥ °ÍÀÌ´Ù.
However, the disposition is based on the standard of administrative disposition.
´ç½Ã ½ÃÇàµÇ´ø °øÁßÀ§»ý¹ý½ÃÇà±ÔÄ¢¿¡ Á¤ÇÏ¿©Áø ±âÁØÀ̾ú±â ¶§¹®ÀÌ´Ù.
This is because it was the standard set in the enforcement regulations of the Public Health Act in effect at the time.
±×·± ÀÌ»ó ±× ¿µ¾÷Çã°¡Ãë¼ÒóºÐÀ» ÇÑ ÇàÁ¤Ã» °ø¹«¿ø¿¡°Ô °ú½ÇÀÌ ÀÖ´Ù°í ÇÒ ¼ö´Â ¾ø´Ù.
Above that, it cannot be said that the administrative office official who revoked the business license was at fault.
±×¿Í °°Àº À§¹ýÇÑ Ã³ºÐÀ» ÇÑ µ¥ ÀÖ¾î ¾î¶² Á÷¹«ÁýÇà»óÀÇ °ú½ÇÀÌ ÀÖ´Â °ÍÀº ¾Æ´Ï±â ¶§¹®ÀÌ´Ù.
This is because there is no fault in the execution of any job in the case of such illegal disposition.
±¹°¡°¡ ±¹°¡¹è»óÃ¥ÀÓÀ» ÀÌÇàÇß´Ù.
The state has fulfilled its national liability.
ÀÌ °æ¿ì °ø¹«¿ø¿¡°Ô °íÀÇ ¶Ç´Â Áß°ú½ÇÀÌ ÀÖ´Ù.
In this case, the public official has intentional or gross negligence.
±×·¸´Ù¸é ±¹°¡´Â ±× °ø¹«¿ø¿¡°Ô ±¸»óÇÒ ¼ö ÀÖ´Ù.
If so, the state can receive compensation from that official.
|