ÇàÁ¤Ã»ÀÌ Á¡¿ëÇã°¡¸¦ ¹ÞÁö ¾Ê°í µµ·Î¸¦ Á¡¿ëÇÑ »ç¶÷¿¡ ´ëÇÏ¿© µµ·Î¹ý¿¡ ÀÇÇÑ º¯»ó±Ý ºÎ°úóºÐÀ» ÇÏ¿´´Ù.
The administrative agency imposed compensation
according to the Road Act on those who occupied
roads without obtaining permission for occupancy.
±×·¯³ª óºÐ¿¡ ´ëÇÑ Ãë¼Ò¼Ò¼ÛÀÌ Á¦±âµÇ¾ú´Ù.
However, a lawsuit for cancellation was filed against the disposition.
ÀÌ¿¡ ÇàÁ¤Ã»Àº óºÐÀÇ ±Ù°Å ¹ý·ÉÀ» µµ·ÎÀÇ ¼ÒÀ¯ÀÚ°¡ ±¹°¡ÀÎ ºÎºÐÀº ±¹À¯Àç»ê¹ýÀ¸·Î º¯°æÇÏ¿© Àû¿ëÀ» ÁÖÀåÇÏ¿´´Ù.
Accordingly, the administrative agency insisted
that the law on the basis of disposition be
changed to the state property law for the part where the owner of the road is the state.
¾Æ¿ï·¯ ¼ÒÀ¯ÀÚ°¡ ¼¿ï½Ã Á¾·Î±¸ÀÎ ºÎºÐÀº °øÀ¯Àç»ê¹ýÀ¸·Î º¯°æÇÏ¿© ÁÖÀåÇÏ¿´´Ù.
In addition, the ownership of Jongno-gu,
Seoul, was changed to the Public Property Act.
ÀÌ »ç¾È¿¡¼, ´ë¹ý¿øÀº °¢ ±ÔÁ¤ÀÌ ÀÔ¹ý ÃëÁö°¡ ´Ù¸£´Ù°í ÆÇ´ÜÇß´Ù.
In this case, the Supreme Court decided
that each rule had a different legislative purpose.
¶ÇÇÑ º¯»ó±ÝÀÇ Â¡¼ö¸ñÀû µîÀÌ ´Ù¸¥ Á¡µµ ÁöÀûÇß´Ù.
It also pointed out that the purpose of collecting reparations is different.
ÀÌ¿Í °°ÀÌ ±Ù°Å ¹ý·ÉÀ» º¯°æÇÏ´Â °ÍÀº óºÐÀÇ µ¿ÀϼºÀ» ÀÎÁ¤ÇÒ ¼ö ¾ø´Ù°í °á·ÐÁö¾ú´Ù.
It was concluded that changing the underlying
laws and ordinances in this way could not recognize the identity of the disposition.
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