하천수사용료부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Details to be corrected or added;
(a)the following shall be added between conduct 5 and 6 of the judgment of the first instance.
(5) The Plaintiff asserts that “The Ordinance on the Collection of Fees for Occupancy and Use of River on the River Act prescribes the timing for the collection of fees for occupancy and use of river water according to the River Act,” and “The Ordinance on the Collection of Fees for Occupancy and Use of River on the River in Gyeongnam-do” provides that the annual amount of use shall be the basis for the calculation of fees for occupancy and use of river water, and both the above Ordinance and the instant Ordinance have the same purpose as that for the determination of matters necessary for the imposition of fees for occupancy and use of river water on the basis of the actual amount of use, not the amount of permission.” Thus, the Plaintiff asserts that the instant Ordinance is a combined interpretation that sets
However, since the River Act, etc. is delegated to the City/Do to which the river management agency belongs, each local government may determine the usage fee of river water by the ordinance in accordance with the specific circumstances of the area.
As seen earlier, the Ordinance of this case merely provides for usage fees on the basis of the permitted volume, and it is insufficient to reverse such a judgment only by the Ordinance of other local governments.
Therefore, the above argument of the first-party plaintiff cannot be accepted on a different premise.
B. From 10 to 12 of the first instance judgment, “The circumstances alleged by the Plaintiff” are as follows: “The circumstances alleged by the Plaintiff and evidence Nos. 1 to 8.”