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(영문) 대구지방법원 2017.05.31 2016구합23402

어업면허거부처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The fishery right B fishing village fraternity of the fishing village fraternity obtained a fishery license with the following content from the Defendant on September 12, 1998, and obtained permission for extension from the Defendant on September 11, 2008, which extended the validity term of the fishery right by September 11, 2018:

(hereinafter referred to as the “fishing right of this case” and the installed fishing ground is referred to as the “instant fishing ground.” The type of fishing business in the number C, the method of fishing business and the location of the large fishing ground in the capacity of the cultivation facility, and the type of 200,000 square meters of marine caught and collected and cultivated plants in the area, the area of the fishing ground in the Gyeong-gun, Ulsan-gun, Ulsan-gun, the area of the area, and the types of defensive, cedling, calcing, calcling, spats, and other methods of catching and gathering from January 1, 198 to December 31, 208 (12 months).

B. In accordance with Article 4(3) of the Fisheries Act and Article 2(1) of the Enforcement Decree of the Fisheries Act, the Minister of Oceans and Fisheries: (a) pursuant to the detailed guidelines for the development plan for the use of fishing grounds in 2015, 2016; and (b) pursuant to the “the detailed guidelines for the development plan for the use of fishing grounds in 2016,” the Defendant received opinions on the fishing ground fishing grounds in January 28, 2015 for the establishment of “2015, and the development plan for the use of fishing grounds in 2016.”

The relevant contents in the detailed guidelines for the development plan for the use of fishing grounds in 2015 and 2016 are as follows:

1. The purpose of this guideline is to promote the comprehensive use and management of waters by prescribing matters necessary for the formulation of a plan for the development of fishing ground on the waters under the jurisdiction of the head of a Si/Gun/autonomous Gu from July 1, 2015 to June 30, 2016, pursuant to Article 4 of the Fisheries Act, Article 2 of the Enforcement Decree of the Fisheries Act, and Article 2 of the Rules on the Management, etc. of Fishery License.

2.The terms used in this Guideline shall be defined as follows:

Alternative development refers to changing certain waters of fisheries into other waters with existing licenses.

4. Basic guidelines by fishery;

(a)(1) The development of a new fishing ground for a political net;