beta
(영문) 광주지방법원 2018.01.11 2016구합10480

내수면어업신고 재신고 불가처분취소 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On June 2010, the Plaintiff filed a report on inland fisheries with the Defendant on inland water with the type and size of the facility “1,320 square meters of plastic houses (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 “Maju North-gu B”; the method of fisheries; the type of “land fish farming”; the type of aquaculture; and the Defendant received the said report on inland fisheries on June 21, 2010, and issued the Plaintiff a report on inland fisheries.

(hereinafter referred to as "first inland fisheries report"). (b)

On May 7, 2015, the Defendant notified the Plaintiff on May 7, 2015 that he/she cannot file a re-report on inland fisheries with the following content:

hereinafter referred to as "the notice of this case"

. ◎ 내수면어업신고 재신고 불가 통보

2. In relation to a report on inland fisheries under the Republic of Korea, the head of the relevant State shall immediately suspend inland fisheries after the expiration of the period of validity ( June 20, 2015) in accordance with the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Regulations on Prevention and Control of Illegal Acts within Development Restriction Zones, which cannot be re-reported after the expiration of the period of validity.

3. In addition, inland fisheries reports shall be in conflict with Article 11 of the Inland Water Fisheries Act, Article 9 of the Enforcement Rule of the same Act, and other Acts and subordinate statutes concerning restrictions or prohibitions on fisheries, and shall be subject to the submission of reports on inland fisheries.

C. On August 7, 2015, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Gwangju Metropolitan City Administrative Appeals Commission. Gwangju Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s claim on November 27, 2015. 2) On December 21, 2015, the Plaintiff filed the instant lawsuit on March 3, 2016, which was within the filing period, after receiving the notification of the dismissal decision of the Gwangju Metropolitan City Administrative Appeals Commission.

[Reasons for Recognition] There is no dispute;