의제된 인허가의 독자적 취소가능성의 확대에 관한 연구 -국토개발사업에 관한 법령을 중심으로-

Abstract

The legal fiction of permission system, introduced to simplify administrative procedures and promote national benefits, is used in a number of laws relating to national land development projects. At this time, the issue is whether the counted approval and permission can be independently revoked, which administrative agency should be the defendant if the counted approval and permission is subject to appeal suit, and whether the counted approval and permission is revoked due to the revocation of the main approval and permission. With regard to the possibility of independent revocation of the counted approval and permission, the Supreme Court recognizes the possibility on the premise that Partial-counted permission is permitted. However, whether to permit a partial-counted permission is only about the arrangement and is not a determinant of the relationship between the main approval· permission and the counted approval· permission. Consequently, in the case of a one-stop counted approval and permission, the counted approval and permission, for post-management purposes may be revoked, which affects the rights and obligations of the people, and therefore the counted approval and permission is subject to an appeal suit. If such a counted approval and permission is subject to an appeal suit, the defendant to a suit shall be the administrative agency that externally indicated the issuance or revocation of the counted approval and permission. Furthermore, even if the main approval and permission is revoked, it will be said that the counted approval and permission will not be revoked in light of the fact that the counted approval and permission is for the convenience of the project implementer and the need to be reserved for the re-promotion of the target project.