초록 열기/닫기 버튼
The court can quash the bad part only of the whole administrative disposition subject to the following terms. Firstly, the good and bad part ought to be clearly identifiable. Secondly, refusing to enforce what is bad and giving to effect what is good can be carried out only, where the remaing part is legal and independent. Furthermore, unlawful part of the discretionary disposition is seperable only if all the surrounding circumst- ances indicate that the competent authority would have given effect to the remaing part. However, to suppose so in the planning permission, it is required that there should be very sufficient reason for, in the total context related to the permission, inferring that the authority would still have made the remaing part had it believed the bad part might be lifted or its clear statement in the middle of the permission proceedings that it will support to the good part in spite of revocation of the bad part, for it may have more alternatives to reject the wrong part owing to more extensive discretion in the planning permission than in the ordinary discretionary disposition. The court should be also prudent in hewing away the bad part only, in that the planning permission has more unity of regulation compared to the ordinary discretionary disposition. Meanwhile, setting aside the condition only attached to the administrative disposition can be done pursuant to the abovementioned principle about partial quashing the disposition. Because lifting the illegal condition, subordinate regulation only from the principal regulation is similar to severing the illegal part regulation from the total regulation.
키워드열기/닫기 버튼
partial quashing administrative disposition, divisibility, severability, partial quashing planning permission, quashing condition only attached to administrative disposition
