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(영문) 서울고등법원 2019.09.20 2019누37143

해상여객운송사업자 선정결정 취소 청구의 소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

(b) An inherent assessment of items;

Although it is argued that at the time of the disposition of this case, it is necessary to evaluate only the existence of the agreement on the right to use vessel mooring facilities or the evidentiary documents of the consent to use the vessel at the time of the above evaluation items and evaluation criteria, and then to evaluate whether safety is safety after receiving "the result of the examination service conducted by an authorized agency, such as the examination of the safety of marine transportation in accordance with the vessel mooring and the adjacent draft, which is granted as a license condition, and it does not constitute an evaluation item at the time of disposition of this case

[The evaluation criteria for allocation of evaluation items]

Ⅰ. Business performance capabilities 45

3. Whether the adequate manpower input plan 15 - Whether the captain and crew members of passenger ships are secured, or not the adequate land manpower are secured, such as ticket personnel;

Ⅱ. Business plan 5

1. 35 - 25 new shipbuilding 25, 20 years old and above 20 years old and below 5 points in a vessel securing a vessel: one point shall be the difference of points under one year old and above;

3. Ship mooring facilities, convenience facilities for users 10 - Ship mooring facilities and terminals for securing 10 ship mooring facilities and terminals, whether convenience facilities, such as non-foresting facilities, are secured, etc.

(a) Part 12 of the judgment of the first instance court (2 points), No. 22 of the judgment of the second instance (2 points) is written by the following chart, as a result of the evaluation of administrative disposition (3 points), such as history of marine accidents, penalty surcharges, etc. (not more than 3 points).

2. The portion to be determined additionally

A. According to the public notice of the Plaintiff’s assertion and the instant criteria, the assessment items and assessment criteria for the selection of the instant business operators are as follows: (a) 10 points out of the items of human resource investment planning (total of 15 points), when allocating 10 points to whether the captain of the passenger ship and seafarers secure reserve seafarers; and (b) the assessment items need to be considered.

There is a lawsuit.

However, the Intervenor joining the Defendant, among the proposals submitted according to the instant recruitment, is a seafarer in the items of human resources input.