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(영문) 광주지방법원 2014.09.04 2013구합2617

사업시행사변경처분무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 21, 2007, the Defendant publicly announced the selection plan of non-management authority implementers of harbor works with the following content for early expansion of harbor facilities and activation of harbor construction by facilitating participation in private capital:

The non-managing authority shall publicly announce the selection plan of a non-managing authority.

1. Project outline;

(a) Location of the business: The location of the relevant urban park, the coal storage place, and the hinterland site of the relevant urban park;

(b) Project name: A project for installing facilities for the storage, loading and unloading, and storage of falling coal storages and coal storages and ancillary facilities;

(c) Construction size - Loading and unloading facilities - Two thousand tons or more of loading and unloading facilities (one or two divideds): Storage facilities - Storage facilities (in principle, five divided zones) - Transfer of sealed storage facilities or application location - Incidental facilities: Shall be applied separately for one type, one unit or two unit for loading and unloading, such as management buildings, parking lots, landscaping, and pollution prevention facilities, and one unit or two unit for loading and unloading: In principle, transportation facilities and ancillary facilities can be installed jointly for each business dealing with at least one million tons of expected water capacity;

(d) Project period: 26 months from the commencement date of the project;

2. Direction for project implementation;

(a) Implementation of harbor works by a non-management authority under Article 9 (2) of the Harbor Act;

(b) A completed facility shall not be compensated for investment expenses with the State-owned facility;

3. Qualifications for participation;

(a) Two or more corporations, including coal owners, who intend to install loading and unloading facilities to reflect and access coal products through the coal base, may jointly participate in such loading and unloading facilities;

(b) an enterprise that has submitted coal requirements to our Office by not later than the date of the public announcement of the amendment of the basic plan for the national trade port;

8. Documents to be submitted and guidelines for preparation upon application;

(b) 8 copies (including the following contents) 4) 2 or more enterprises with a project plan: 5) - A letter of delegation by each participant at the time of joint participation by at least two enterprises (a separate letter of delegation by each participant):

(b) harbor works.