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(영문) 전주지방법원 2016.12.15 2016구합688

신규도선사업면허신청 거부처분 취소청구의 소

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 Plaintiff is the representative of B who runs a harbor service business with a national trade port, a national trade port, as a business area.

B. On May 20, 2015, the Plaintiff filed an application with the Defendant for a license to engage in the ferry business to transport passengers and cargo between the new-gu service wharf and the near coastal sea area 6 areas on an irregular basis based on demand. However, on May 27, 2015, the Defendant returned the notification to the Plaintiff on May 27, 2015, for the following reasons:

(2) Of the documents submitted by the Plaintiff (hereinafter referred to as “instant disposition”), the agreement with the Council with the Gunsan Regional Maritime Affairs and Fisheries Office related to a permit for exclusive use of harbor facilities and a permit for exclusive use of harbor facilities - The general permit for exclusive use of harbor facilities is a permit for the use of harbor facilities to enable civil petitioners to use the wharfs of service vessels and does not constitute a permit for the purpose of the transfer of vessels according to pilotage services. - The purpose of the permit for exclusive use of harbor facilities is to permit the use of the ferry facilities as “traffic offices in accordance with the Harbor Transport Business Act,” and the use of passenger convenience facilities, boxes, etc. according to pilotage services is in conflict with the initial purpose of use (traffic offices), and the relevant wharfs are located within a restricted area with national security purpose, and the general permit for use of harbor facilities for pilotage services, such as pipelines and tugboats, and the permit for exclusive use of harbor facilities, the permit for use of the exclusive use of the harbor facilities, the permit for the use of the excursion ship and ferry wharf facilities, etc., submitted by civil petitioners, can safely be equipped with the passenger accommodation facilities and convenience facilities under Article 3.

The Plaintiff shall file an administrative appeal with the Central Administrative Appeals Commission on the instant disposition.