beta
(영문) 서울행정법원 2012.10.16 2012구합13917

경기민요보유자추가인정거부처분취소

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 23, 1978, pursuant to Article 24(1) of the Cultural Heritage Protection Act (hereinafter “Act”), the Defendant: (a) designated A as an important intangible cultural heritage No.D; (b) recognized E (e.g., G (e. H), and I as a holder (hereinafter “holder”); (c) recognized the J as the holder on November 11, 1997, upon the death of I; and (d) recognized the E as an honorary holder that cannot receive normal transmission on the grounds of health on April 20, 2005.

B. Meanwhile, between October 10, 1990 and November 30, 2001, the Defendant selected five persons, including I’s third parties, K, G’s third parties, and M, as teaching assistants, pursuant to Article 25 of the Enforcement Decree of the Act.

C. On January 28, 2011, the Defendant formulated an investigation plan for the designation of important intangible cultural heritage (such as recognition of holders) in 2011, and the said investigation plan included an investigation for whether the holder is additionally recognized (hereinafter “instant investigation”). D.

Accordingly, the defendant, including the plaintiffs, submitted relevant data, such as the curriculum, major transmission activities, transmission education, etc. from the above successor training assistants, and conducted the investigation of this case on January 27, 2012 by holding the Intangible Cultural Heritage Committee as well as the Committee on Intangible Cultural Heritage on January 27, 2012, and deliberated on whether to recognize the addition of holders based on the above investigation results. As a result, the "A" did not recognize the fact that there is no possibility that two holders may be the suspension of transmission, and therefore, passed a resolution on the contents that it does not recognize the additional holders.

E. On February 14, 2012, the Defendant notified the Plaintiffs of the above resolution.

(See Evidence Nos. 6 and 7, hereinafter referred to as "the notification of this case"). / [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 3-1, 2, and Gap evidence Nos. 4 and 7, respectively, and the purport of the whole pleadings.