A. From March 1, 2011, the Plaintiff: (a) operated the Drilict in Gangwon-gun C to the present date; and (b) on June 8, 2017, the Plaintiff filed a report on the use and occupancy of fishery harbor facilities with the Defendant for 30 days using fishery harbor facilities (hereinafter “instant report”) in which the period of use is 30 days to anchor two leisure boats in B (Ground defense ports).

B. On June 13, 2017, the Defendant notified the Plaintiff of the content that the said report was not accepted for the following reasons (hereinafter “instant disposition”).

The application site(B) is a local fishery harbor designated pursuant to the Fishing Villages and Fishery Harbors Act, and the opinions of fishermen are collected through a local business trip on June 9, 2017 in relation to the report of occupancy and use of fishery harbor facilities, and there is an opinion that the use of fishery harbors by fishermen and persons related to fisheries such as mooring of fishing vessels and raising of fish, etc. may interfere with the use of fishery harbors.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including provisional number) through 3, Eul evidence 5, the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion report of this case is a report under the proviso of Article 38(1) of the Fishing Villages and Fishery Harbors Act, and an administrative agency is unable to decide whether to accept the report at its discretion, and the disposition of this case made by the Defendant at its discretion is unlawful and revoked.

Even if the acceptance of the instant report constitutes a discretionary act as a disposition that establishes the right to use and occupy fishery harbor facilities, the instant disposition that was issued solely on the ground that the Defendant presented is an abuse of discretion and thus ought to be revoked illegally.

(b) as shown in the attached Form of the relevant statutes;

C. Article 38(3) of the Fishing Villages and Fishery Harbors Act provides that the fishery harbor management authority shall comply with the fishery harbor development plan when it grants permission to use or occupy fishery harbor facilities.