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| TITLE | Supreme Court Decision 2019Du49953 Decided April 9, 2020 【Revocation of Disposition Making Changes to Ferry Business Permits】 [full Text] |
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| Summary | |
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[1] In a case where a dispositive authority ex officio revoked an administrative disposition subject to legal dispute during the pendency of a lawsuit seeking confirmation of nullity of the administrative disposition or a lawsuit seeking revocation of the administrative disposition, whether an appellate lawsuit against the said disposition is lawful (negative in principle) Cases where a benefit of lawsuit seeking revocation of a disposition is recognized on an exceptional basis despite the dispositive authority’s ex officio revocation [2] In a case where there is a subsequent disposition amending the content of a preceding disposition, whether the preceding disposition remains valid [3] In a case where a law that serves as the basis for beneficial administrative disposition, such as granting permits or giving approval and authorization, is intended to prevent business management from going awry due to excessive competition among relevant business entities, whether an existing business entity, which conducts a business operation upon obtaining a beneficial administrative disposition, such as permits or approval and authorization, has the benefit of lawsuit seeking confirmation of nullity or revocation of the beneficial administrative disposition (i.e., permit, approval and authorization) on competing business entities (affirmative) In a case where an administrative disposition filed against a competing business entity is disadvantageous to the competing business entity, whether an existing business entity has the benefit of lawsuit seeking confirmation of nullity or revocation of the said administrative disposition (negative in principle) [4] In a case where a judgment revoking an administrative disposition becomes final and conclusive, the responsibility of an administrative authority in accordance with the res judicata of a revocation judgment |
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