의제된 인허가의 취소

Abstract

This paper surveys counted approval and permission(hereafter called ‘counted license’) focused on the issues of this case in brief, and reviews whether main issues of the case - the counted license- can be object of revocation, withdrawal or appeal litigation independently or not and arguments. In addition, it examines whether the main authorization is able to be revoked due to unlawful authorization or revocation of counted license, and whether counted license is invalid for revoking main authorization. This decision has a significance in that this is the first Supreme Court's judgment which the counted license independently can be revoked or withdrawn. However, the argument is open to debate and needs to be studied in depth in the future. In addition, this decision shows that withdrawal of counted license can make only the counted license invalid while maintaining force of the main authorization. The judgment presents that the main authorization could be revoked, when the counted license revoked and withdrawn can not be reauthorized. It is reasonable, however, that there should be no other grounds for less infringing on the interests of the complainant, rather than the withdrawal of the main authorization, on the principle of weighing profits, and it is absolutely imperative that the main authorization are withdrawn for public interest significantly. And it is reasonable to consider that they can also revoke main authorizations partly by disputes or powers which make only part of approval and dismission counted under the main authorization invalid.