TITLE	Supreme Court en banc Decision 2015Du295 Decided November 19, 2015¡¼Revocation of Disposition Restricting Operating Hours, etc.¡½ [full Text]
Summary
[1] Where a subsequent disposition pertains to partially adding, withdrawing, and changing the contents ¡ª which are not by nature indivisible with other contents ¡ª of a previous administrative disposition based on the premise that the previous disposition is valid, whether the previous disposition can be subject to appeal litigation (affirmative); Where there is a subsequent disposition pertaining to changing the contents of a previous disposition, how the court finalizes an administrative disposition subject to appeal litigation [2] Whether superstores should be considered as a whole ¡ª depending on the form of establishment and registration ¡ª to determine whether they constitute a large retailer subject to regulation (such as restriction in operating hours) pursuant to Article 12-2(1) through (3) of the former Distribution Industry Development Act (affirmative in principle) [3] Where a person who opened a superstore (¡°operator¡±) subject to restrictions of operating hours, etc. operates directly-run stores as well as leased stores, whether the leased store operator (¡°lessee¡±) is subject to disposition separate from the operator (negative) [4] Matters to consider when determining whether an administrative agency¡¯s disposition on restricting operating hours and designating mandatory closing dates pursuant to Article 12-2(1) through (3) of the former Distribution Industry Development Act is an excess or abuse of discretionary power

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