내수면어업신고 유효기간 연장허가 신청 반려처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 2010, the Plaintiff reported inland fisheries with the type and size of the facility “1,320 square meters (water size 700 square meters)”, “from June 21, 2010 to June 20, 2015,” the term of validity “from June 21, 2010 to June 20, 2015”; the location of the facility “B”; the method of fisheries; the type of “land breeding business”; and the type of aquaculture “snick snick snick snick, snick snick snick snick snick snick snick snish
B. On May 7, 2015, the Defendant issued a public notice stating that “the Plaintiff shall not immediately suspend inland fisheries after the expiration date, as the Plaintiff violated the provisions on special measures for designation and management of development restriction zones and on the prevention and control of illegal acts in development restriction zones with respect to fishing reporting, and thus, the Plaintiff cannot re-report after the expiration date of the fishery reporting ( June 20, 2015).”
C. The Plaintiff filed a lawsuit against the Defendant with the Gwangju District Court to revoke the provisional disposition for not filing a report on inland fisheries at issue, but the said judgment became final and conclusive around January 11, 2018 after receiving a dismissal judgment, which became final and conclusive at that time.
(Seoul District Court 2016Guhap10480). D.
On April 12, 2018, the Plaintiff submitted an application to the Defendant for permission to extend the term of validity of the pertinent fishery report, but the Defendant returned the said application on April 18, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 4-2, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
(a) as shown in the Attachment of the relevant statutes;
B. If an administrative agency’s refusal of a citizen’s application constitutes an administrative disposition that is subject to an appeal litigation, the administrative agency’s right to request the action must be the citizen. If an administrative agency does not accept a citizen’s application without such right to request, the applicant’s right or legal nature shall be the same.