사업계획변경인가취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Following the background of the disposition may be acknowledged by comprehensively taking account of the following facts: evidence Nos. 2 and 3, evidence No. 4-1, 2, 3, evidence No. 6-1 through 5, evidence No. 7, 8, 9, evidence No. 1, evidence No. 3-1, 2, and 3-1, 2, and 3, and the whole purport of the pleadings.
B On April 29, 2002, with the Defendant’s license for “regular coastal passenger transportation services” among the maritime passenger transportation services under the Shipping Act and subordinate statutes, B established the Plaintiff on March 7, 2007 while running the service from the service route indicated below (hereinafter “instant service route”) to C.
After its establishment, the Plaintiff applied for the authorization of change of the business plan to the Defendant on December 15, 2009, which requires the extension of the business plan as stated in the “after the change” column, while carrying on the same transportation business as stated in the “Before the change” column 1.
D (The gross tonnage of 422 tons, passenger capacity of 466 persons) (E) from F to G 4 times a day after the change of the license details prior to the change of the number of navigational vessels and navigational routes of the divided business type, the passenger transport business D (the gross tonnage of 422 tons, the number of passengers, the number of 466 persons), and (550 tons, the number of passengers, the number of 562), and (D) return from four times a day to two times a day, and the number of passenger transport businesses within the license contents before the change of the number of navigational vessels and navigational routes of the divided business type;
B. On January 13, 2010, the Defendant issued a conditional authorization for the change of the business plan for marine passenger transport services (hereinafter “instant conditional authorization”) to the Plaintiff on the condition that the Plaintiff secure passenger convenience facilities, etc. in one vessel, F, and G, for which the Plaintiff applied for the expansion of vessels, within six months from the said date (the extension of one year thereafter).
Then, on July 11, 201, the Defendant received confirmation documents from the Plaintiff to verify the relevant facilities, and issued the Plaintiff a written authorization for the modification of the maritime passenger transport business plan for H (hereinafter “instant vessel”) for the increase of vessels as shown below [Attachment 2] as follows.
[Attachment 2] The number of navigations of vessels by type of business shall be the number of vessels.