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(영문) 광주지방법원 2016.10.20 2016구합10268

무형문화재 불인정처분 취소청구

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On March 9, 2012, the Defendant pre-announcement and announcement of the designation of intangible cultural heritage by the Defendant, prior to the deliberation on the designation of intangible cultural heritage to B, shall pre-announce B as intangible cultural heritage of Gwangju Metropolitan City, and the Plaintiff as the holder of that cultural heritage. On April 8, 2012, the Defendant made the pre-announcement and announcement of the designation of intangible cultural heritage of Gwangju Metropolitan City, stating that “B prior to the deliberation on the designation of intangible cultural heritage to B, the Plaintiff shall be the owner of that cultural heritage.”

The Gwangju Metropolitan City Cultural Heritage Committee (hereinafter referred to as the “Seoul Metropolitan City Gwangju Metropolitan City Cultural Heritage Committee”) filed several objections to the purport that the Plaintiff should not be recognized as a holder of B from the B, etc. within the period of time according to the public announcement of the foregoing decision to withhold the designation of the Cultural Heritage Committee. On April 13, 2012, the Gwangju Metropolitan City Cultural Heritage Committee (hereinafter referred to as the “Seoul Metropolitan City Cultural Heritage Committee”) made a

Around August 2012, the Plaintiff submitted the Plaintiff’s explanation to the Gwangju Cultural Heritage Committee that “B has the legitimacy to designate as intangible cultural heritage; B is a holder who has transmitted B; and all of the above objections are false facts, the Plaintiff submitted a vindication to the effect that “B designates it as intangible cultural heritage of Gwangju Metropolitan City and recognizes it as a holder (hereinafter “instant designation”).”

After the decision to reject the designation of the Gwangju Metropolitan City Cultural Heritage Committee, the Gwangju Metropolitan City Cultural Heritage Committee: (a) designated three expert members as an investigator on September 19, 2012; and (b) decided to re-examine according to the results of the investigation; (c) submitted a report to the effect that two expert members are inappropriate for the designation of intangible cultural heritage; and (d) submitted a report to the effect that the designation of intangible cultural heritage is reasonable; (b) on November 28, 2013, the foregoing survey result (hereinafter “the instant survey result”) is insufficient, such as artistic completion.