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(영문) 광주고등법원 2019.11.14 2019누10169

큰돌고래 수입 불허가 처분 취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed or added as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

6 The following shall be added between "12 lines" and "the time":

Where Article 12(4) of the Enforcement Decree of the same Act intends to grant permission for the export, import, etc., of living species among the globally endangered species, it shall state that “matters concerning whether export, import, etc., of the globally endangered species threaten the existence of the species,” “matters concerning the identification of and protection facilities for the globally endangered species,” “matters concerning compliance with the standards for permission for the export, import, etc., of the globally endangered species,” and “matters concerning compliance with the standards for permission for the export, import, etc., of the globally endangered species” may hear the opinions of, or request necessary support from, the head of the relevant national or public research institute, or may request necessary support, as follows: 7th to eightth below:

It is prescribed as an indefinite concept such as “not to endanger the existence of a species” or “to be loaded by minimizing the risk of harm or abuse to the individual.” In addition, in granting the above permission, it is necessary to consider the opinions of the heads of national or public research institutions to hear the opinions of or request necessary support from the heads of such national or public research institutions.

In full view of the fact that there is a system that can determine whether to meet the requirements, the Wildlife Protection Act, when granting permission for international trading of globally endangered species, is an immediate and flexible response to changes in natural ecology according to professional knowledge and judgment.