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(영문) 부산지방법원 2016.05.20 2015구합25141

바다골재 선별ㆍ채취 신고(기간연장) 반려처분 취소청구의 소

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1. On December 2, 2015, the Defendant’s disposition to revoke the return of the report on the extraction of marine aggregate (Extension of the period) to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was established on July 10, 201 for the purpose of the maritime aggregate screening and washing business, and completed the registration of the aggregate extraction business on October 17 of the same year, and completed the registration of the aggregate extraction business to the Defendant on December 18 of the same year, after completing the report on the screening and washing of the marine aggregate with the following contents, and operated the business accordingly:

- The place where a structure (permanent site) is installed: The types of facilities installed (Occupancy) - the area of 5,850 square meters in Busan, which are 5,850 square meters: The outdoor and washing facilities - the daily production volume: 700 cubic meters, and the annual production volume: 200,000 cubic meters: The installation period from December 2, 2013 to November 31, 2015 - the production period: the production period from November 31, 2013 to December 12, 2013 to November 31, 2015

On November 18, 2015, the Plaintiff: (a) filed a report on the modification that extended the production period to the Defendant by November 30, 2017 (hereinafter “instant report”); (b) on December 2, 2015, the Defendant returned the instant report on modification for the following reasons (hereinafter “instant return disposition”).

- The total capital stock on the financial statements of 2014 -107,735,307, and the total capital stock, which is the criteria for the registration of aggregate extraction business under Articles 14 and 19 of the Aggregate Extraction Act, are below the capital stock which is the criteria for the registration of aggregate extraction business under Articles 14 and 19 of the Aggregate Extraction Act. - The design wall (C) abutting on the site of the applied place of business (B) shall be granted permission for harbor works by a non-management authority under Article 9(2) of the Harbor Act and shall not use a wharf for any purpose other than the terms and conditions of permission (C’s opinion on the consultation of the Busan Regional Maritime Affairs and Fisheries Office). - The wharf (C) abutting on the place of business (C) shall not be allowed to handle aggregate, in particular, because the use of the facility is limited to the boundary of the public wharf (the right to the ship wharf) and private land (Consultation on the reduction place

On December 2, 2015, the Defendant issued a prior notice of disposition to the Plaintiff on December 2, 2015 and then issued a warning (the first violation) pursuant to Article 19(1)4 of the Aggregate Extraction Act on the ground of “less the registration standard (capital)” (Article 19(1).