(영문) 대구지방법원 2014.11.14.선고 2013구합3186 판결

■ 해상여객운송사업 면허 ( 갑 제2호증 )○ 사업의 종류 : 내항정기여객운송사업○ 대상선박 : 선박 A ( 총톤수 2 , 394t , 여객정원 920명 , 항해속력 40노트 )○ 항로 : 포항 ↔울릉 ( 도동 )운항횟수 : 평수기 1일 1왕복 , 하계피서철 1일 2왕복 , 동절기 1일 1왕복

B. On August 23, 2013, the Intervenor filed an application with the Defendant for a license for marine passenger transport services (hereinafter “instant license”).

An application was filed, and the defendant examined the intervenor's business plan on September 3, 2013, and as a result, he/she examined the intervenor's business plan.

section 5(1)1 of the Marine Transportation Act and Article 4(1) of the Enforcement Rule of the Marine Transportation Act, as stated in the list 1.

on the ground that the average transportation revenue rate for the last three years meets the legal requirements;

Subject to the provisions of Article 5 (1) 2 and 5 of the Act, the following facilities shall be installed:

It issued a conditional license for marine passenger transportation services (hereinafter referred to as the "Conditional license").

'License', 'Issuance of the above License', 'Disposition of this case'.

■ 해상여객운송사업 조건부 면허 ( 을가 제2호증 )○ 사업의 종류 : 내항정기여객운송사업○ 투입예정 선박 : 알루미늄 쾌속선 ( 총톤수 850t , 여객정원 600명 , 항해속력 38노트 )○ 항로 : 울릉 ( 저동 ) ↔ 포항○ 운항횟수 : 1일 1왕복

C. After the plaintiff filed the lawsuit of this case, the plaintiff succeeded to the plaintiff's marine passenger transportation services.

On March 1, 2014, a report on succession to maritime passenger transport services under Article 17 of the Marine Transportation Act is accepted on March 1, 2014

As a result, withdrawal was made in the lawsuit.

【Uncontentious facts, Gap evidence 1, 2, Eul evidence 1, 4, 20 (including each number)

Each entry, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The instant disposition is unlawful for the following reasons.

(i) argument that the transport demand does not conform to the transport demand criteria;

Article 5(1)1 of the Marine Transportation Act and Article 4(1) of the Enforcement Rule of the Marine Transportation Act shall grant a license for marine passenger transport services.

As a standard for transport demand, the average transport revenue rate for the last three years is more than 25%;

The defendant's calculation of the average transportation revenue rate for the last three years (25. 11%) is erroneous as follows:

The application for the instant license does not meet the average rate of transport income during the last three years.

A) Non-party 1 corporation (hereinafter referred to as "non-party 1")'s "B" shall be limited to July 19, 2013 to July 31, 2013:

10,000 port to Ulsan District Court (hereinafter referred to as the “instant sea route”) operated from 11 days to 1000,000, and the Defendant shall be one year.

The average transportation revenue rate was calculated by converting it into the service performance.However, the shipping laws and regulations calculate the service performance rate.

the average transport revenue rate of the passenger ships already placed on the sea route as of the last three years; and

section 10 of the Marine Transportation Act provides that the minimum operating period of a ship shall not be less than one year;

In light of the fact that there is a considerable difference between transport capacity and transport capacity, the recent 3 years

The annual average transportation revenue rate shall be the standard only for passenger ships operated on the service route for which a license is applied for at least one year.

Since it is reasonable to calculate the route, the defendant's result of transportation of the shipB for which the period of operation is less than one year is less than one year

He is illegal (hereinafter referred to as "principal").

B) The actual amount of the vesselB’s imports is calculated on the basis of the foregoing reasons by average transport rate of the last three years.

the shipB, however, is lawfully licensed under the premise that the shipB is actually operated.

The basis of the maximum transport capacity is the ability to transmit and to anticipate the income resulting therefrom.

expected revenues shall include the vesselB's operating revenues (i.e., the average transport of the Schedule 1 in the Schedule).

Calculation Form (Ye + YO) / (Fpx Go + Fcx C) + (F'x C + FFx C)) of molecules included in the molecules.

One minute is the argument that it should be included in the chapter, hereinafter referred to as the "section".

C) Even if the shipping performance of the vesselB should be reflected, in the case of coastal passenger ships:

LAB because there is a substantial difference between the demand for transportation by means of the equipment (nivers) and the non-demander (nivers)

When the operation performance for the foregoing 11-day period is converted into the operation performance for one year, it shall be calculated on a daily basis;

It is not a simple method by multiplying the number of navigation days, but a result of operation based on seasonal factors;

(hereinafter referred to as the "section") shall be taken into account by the Corporation.

D) Article 4(1) and (5) [Attachment 1] of the Enforcement Rule of the Marine Transportation Act [Attachment 2. E] of the Enforcement Rule

An average of ships less than three years, if any, engaged in a service route for not less than three years;

The number of navigation days shall be the same as the average number of navigation days for three years of ships already operated and operated for not less than three years.

The average number of navigation days of the shipB for three years shall be the average number of navigation days of the shipB for three years (260);

(4) that the calculation of the number of navigation days (247 days) during the last one year, not the case, is illegal (hereinafter referred to as "place of navigation").

(c).

E) The vessel applying for the instant license has already been binding on the AA and speed of the vessel operating the instant sea route.

The time of operation, etc. is almost the same as the time of operation, and since the frequency of operation of the shipA is four times a day, the ship applying for a license.

the time of operation of a vessel for which a license application is filed shall be deemed to be four times a day, and the time of operation of the vessel shall be three hours a day;

Although it is sufficiently possible to operate three times a day if the time is one hour, the defendant's application for a license is made.

The calculation of the frequency of operation of a ship twice a day is illegal (hereinafter referred to as the "heading").

F) Article 4(1) and (5) of the Enforcement Rule of the Marine Transportation Act [Attachment 1] 2.e., the application for a license under the interpretation of Article 4(1) and (5).

If a ship has already been placed in a sea route for not less than 3 years, the average number of navigation days for the ship applying for the license shall be

Although it should be the same as the average number of navigation days of vessels operating not less than 3 years after non-working;

The average number of navigation days of the Defendant’s vessel applying for a license for three years (247 days) and the vessel A;

the average number of navigation days (260 days) per three years (260 days) is illegal (hereinafter referred to as 'the 253th day').

'') ..

(ii) argument that the traffic does not conform to the transport facility standards and obstructs the safety of marine traffic;

Article 5 (1) of the Marine Transportation Act provides that the vessel mooring facilities and other transport facilities shall meet the licensing standards for the relevant service route.

The nature of transport demand in the route and the route in question shall conform to the nature of transport demand in the route, "(2) and the scheduled coastal passenger transport services."

Commencement of the relevant service is not likely to undermine the safety of marine traffic as a license requirement.

(No. 3) Each provision of subparagraph (No. 3) and two passenger ships can be anchored at the arrival of a port line;

Only facilities are equipped, and the route of this case is already operated by the shipA and the shipB.

The above vessels are using the mooring facilities of the port of call, and the shipA is a bad weather, etc.

There are many cases of resistances, and there are unavoidable circumstances to anchor in the port of port in the future.

may be entered and departing from a port by passing an examination under the International Convention on Safety Management;

Since there is a rate of interest, it is ordered to francism to enter and leave the shipping association's passenger ships.

In light of the fact that even if a port may be controlled, it may depart from the port at its own discretion, etc.

under the circumstances in which the vessel mooring facilities are not fully secured, the Intervenor’s license of this case

An application shall not be deemed to have satisfied the safety requirements of marine transportation.

3) Grounds for deviation and abuse of discretionary power

The Defendant’s application for all licenses concerning the sea route of this case before the application for the license of this case was made

Non-conformity with licensing standards on the ground that the applicant fails to meet the requirements under Article 5(1)2 and 3 of the Korea Transportation Corporation Act;

The decision was made, at all times, the time of the application for the instant license and the change in the situation of the clause at the time of the application for the previous license.

Although there is no Dong, it shall be held that only the application of the instant license by the UPS Intervenor is in conformity with the above criteria.

However, this is not only against equity, but also from and abused discretion.

(b) Related statutes;

Attached Form 2 is as shown in the relevant Acts and subordinate statutes.

1) Determination on the first argument

A) Relevant provisions

Article 5 (1) of the Marine Transportation Act shall apply to a license for marine passenger transport services provided by the Minister of Oceans and Fisheries.

subsection (1) of Paragraph (1) provides that the business plan shall be examined as follows:

by which commencement of the services shall meet the transport demand criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 4 (1) of the Enforcement Rule of the Marine Transportation Act provides for "Article 5 (1) 1 of the Act", and the Ordinance of the Ministry of Land, Transport

the term "standard for transport demand" means the service route for which a license for a new marine passenger transport service is applied;

the last 3 years of the total passenger ships (including spare vessels) already placed on a sea route to be deemed to be a service route;

Average annual rate of transport importation (based on maximum transport capacity and actual transport capacity)

corresponding income ratio) A new application for a license is filed for the corresponding maritime passenger transport service

Paragraph (4) provides that even if a passenger ship is included, it means at least 25/100, and Paragraph (4) provides that it shall be

the same route as the route for which a license for marine passenger transport services is applied when calculating the criteria for transport demand;

the period of calculating the scope of the route to be considered as the route and the average transport rate for three years, and the starting point and ending point

Detailed standards for transport demand shall be prescribed and publicly notified by the Minister of Land, Transport and Maritime Affairs, and paragraph (5).

the average transport rate under the main sentence of paragraph (1) shall be determined as specified in attached Table 1.

prescribed by the Enforcement Rule of the Marine Transportation Act, and the notice of inland shipping prescribed by the Enforcement Rule of the Marine Transportation Act (hereinafter referred to as the "public notice of coastal shipping").

(d) Article 3 shall be the period of calculating the average transport import rate for three years under Article 4(4) of the Rules.

means the three-year period prior to the filing date of the license application.

B) the facts of recognition

(1) A vessel operated on the instant sea route for three years prior to the date of application for the instant license

Park means a vessel A, B, C, D, vessel E, the vesselB is a substitute vessel of the C, and the vessel D.

The vesselE is a temporary substitute vessel of the shipA.

(2) The shipA is a carpet ship of 2 gross tonnage and 394t gross tonnage, and 3 years in the service route of this case.

The annual average number of navigation days during the last three years is 260 days, the licence of this case

The number of navigation days per year immediately preceding the application shall be 247 days, and the operation hours shall be three hours, and the anchoring hours shall be two hours.

ParkD and Ship E shall have a period of stay of about 30 days from January to February of each year by ship A for interim inspections.

is a temporary substitute vessel operated under this chapter.

(3) On April 2006, 2006, the vesselC has obtained a license for marine passenger transport services on the sea route of this case.

2. A carpet ship of 048t size, which is owned by Non-Party 2 corporation around 2013 (Non-Party 1)

The shipB was replaced by another. The shipB excludes two (2) days from July 19, 2013 to July 31, 2013.

11. The 11th day has been operated and the results of passenger transport during the operation period are 9, 396 persons, approximately 455, 093, 000

The results of cargo transport are 290t, 4, 799, 000 won for revenue.

(4) Meanwhile, the non-party 3 corporation, the creditor of the non-party 2 corporation, around August 2013,

An application for the auction of a vessel and for the preservation of the custody of a vessel at that time, and the commencement of auction and guard around that time.

as a decision to preserve is made, the shipB shall not be able to navigate normally on the sea route of this case.

Then, the Defendant failed to comply with the operation order in accordance with the business plan against Nonparty 1 on May 30, 2014;

Taking a license for marine passenger transportation services for the service route of this case on account of the failure to meet the requirements for vessel possession, etc.

The case was tried.

(5) The vessel applying for the instant license may cause displeasure lines with a gross tonnage of 850t alzinium (passenger ships)

The number of passengers shall be 600 persons, navigation speed shall be 38 knotss, and the route of this case shall be rounded once a day, and the time of operation

Between the two shall be three hours, and the time of anchorage shall be three hours.

(6) The Defendant’s average transportation revenue rate for the last three years following the Intervenor’s application for the instant license

25.11%, as shown in the attached list 1, has been calculated as 25.1%, and 1. The vessel in question shall be a vessel A, a vesselB, and a vessel

C. Article 4 of the Enforcement Rule of the Marine Transportation Act, the vessel D, the vessel E, and the vessel applying for the license of this case.

Pursuant to Article 3 of the Notice of Coastal Shipping, 2010, three years prior to the date of application for the license of this case, as of the previous month.

8. 1. From around July 31, 2013 to around July 31, 2013, and 2. Article 4(5) of the Enforcement Rule of the Marine Transportation Act provides that the number of navigations per day of a vessel involved is the number of navigations.

[Attachment 1] The method of dividing a daily operation hours into the required hours per day pursuant to paragraph (2)(a)

calculated shipA 4 times a day, and the ship applying for a license shall be calculated twice a day, respectively, and 3 transport;

Any shipB whose number of navigation days falls short of one year, shall have its room for one year pursuant to paragraph (2) (d) above (attached Table 1).

(1) The annual number of navigation days shall be 247 days, the number of navigation days of the shipA during the last one year.

(4) The annual transportation record of passengers and cargo shall be 247 days in the value obtained by calculating the daily performance of 11 days.

(4) The average number of navigation days per year of the vessel applying for the license of this case shall be calculated by multiplying the number of navigation days per year.

The average number of navigation days per year (260 days per year) and 247 days average number of navigation days by shipB for 3 years of Park A 253

On the other hand, the detailed method of calculation is as follows.

Review and Calculation Details of Average Transport Rate Calculation (A evidence No. 1-3) 1 1 1 A shall apply to the target vessels (including substitute vessels / port-going vessels from port-going vessels to port-going vessels)

② 선박C ( 구 독도페리 ) : ' 06 . 4 . 20 . 최초면허 ③ 선박B ( 선박C대체 ) : ' 13 . 7 . 19 . 첫 운항 ④ 선박D ( 선박A대체 ) : 선박A ( 1 ~ 2월 / 선박수리등 ) 운항하지 못하는 기간 운항 ⑤ 선박 ( 선박 A대체 ) : 선박A ( 1 ~ 2월 / 선박수리등 ) 운항하지 못하는 기간 운항 ⑥ 면허신청 선박 0 선박A 일시적 대체선박 운송수입율 산정 ○ 예비선에 준하여 산정 ( 해운법 시행규칙 제4조 제5항 별표 1 2호 산정방법 준용 ) ○ 선박이 2척 이상인 항로의 경우 분모는 선박별로 산출하여 합산 * 포항 ~ 울릉항로 면허선박 ( 2 척 ) : 선박A , 선박 B ( 대체 : 선박C ) - 그 동안 신규 먼허신청관련 평균 운송수입률 산정시 면허선박 ( 2척 ) 과 면허선박 ( 선박A ) 을 일시 적으로 대체 운항한 선박 ( 선박D등 ) 의 수송실적을 포함하여 산정 - 평균 운송수입률 산정기간은 면허신청일 전월 기준으로 이전 3년간이므로 3년간 운항선박 ( 면 허선박과 면허선박 대체선박 ) 의 수송실적을 모두 합산하여 산정하는 것이 바람직함 이 산정기준 : 해운법 시행규칙 제4조 및 해운법 시행규칙에 따라 정하는 내항해운에 관한 고시 제3조 적용 ○ 평균 운송수입률 산정기간 : 2010 . 8 . 1 . ~ 2013 . 7 . 31 . - 면허신청일 ( 2013 . 8 . 23 . ) 전월 기준으로 이전 3년간의 기간 ( 고시3조 ) ○ 1일 운항 가능횟수 산정 - 선박A ( 카페리 ) : 4회 * 운항 ( 3시간 ) + 정박 ( 2시간 ) = 5시간 , 1일 24시간 : 5시간 = 4 . 8회 - 선박D ( 선박 A 겨울철 수리 시 일시적 대체선박 ) : 2회 - * 운항 ( 3시간 ) + 정박 ( 2시간 ) = 5시간 , 1일 13시간 : 5시간 = 2 . 6회 - 선박E ( 선박A 겨울철 수리 시 일시적 대체선박 ) : 2회 * 운항 ( 4 . 5시간 ) + 정박 ( 1시간 ) = 5 . 5시간 , 1일 13시간 : 5 . 5시간 = 2 . 45회 - 선박C ( 카페리 ) : 2회 * 운항 ( 6시간 ) + 정박 ( 2시간 ) = 8시간 , 1일 24시간 : 8시간 = 3 . 0회 - 선박B ( 카페리 / 선박C 대체선박 ) : 4회 * 운항 ( 4시간 ) + 정박 ( 1시간20분 ) = 5시간20분 , 1일 24시간 : 5시간20분 = 4 . 61 회 - 면허신청 선박 ( 쾌속선 ) : 2회 . * 운항 ( 3시간 ) + 정박 ( 3시간 ) = 6시간 , 1일 13시간 : 6시간 = 2 . 16회 ○ 여객 및 화물 수송실적 산정 [ 기존 운항 선박 ] 해운조합 수송실적 자료 ( 최근 3년간 수송실적 ) [ 선박B ] 1년간 실적으로 환산하여 산출 ( 아래 표와 같음 ) [ 면허신청 선박 ] 여객수송실적 ( 화물 수송 없음 ) - 3년간 평균운항일수 : ( 선박A 260일 + 선박B 247일 ) ÷ 2 = 253일 - 여객 1인당 평균운임 : 기존 운항선박 ( 5척 ) 평균운임 : 5 = 202 , 438원 : 5 = 40 , 487원 - 연간 제공가능 여객수송 능력 : 여객정원 600명 x 1일 운항가능 횟수 2회 x 3년 평균운항 일수 253일 = 303 , 600명 < 선박B 운항일수 수송실적 및 운임 산정내역 > □ 운항일수- 11일 ( 2013 . 7 . 19 . ~ 7 . 31 . ) * 기간 중 휴항 2일

A person shall be appointed.

【Unstrifed facts, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 17 and 18 (each provisional parcel number)

each entry, the whole purport of the pleading, including subparagraph,

C) Determination

(1) Judgment as to ①, ② Claim

The following circumstances, which may be known in accordance with the above facts of recognition and relevant statutes, i.e. the enforcement of the Marine Transportation Act:

Article 4 (1) of the Rule has already been placed on a sea route which is deemed to be the same as the license application route.

The average transportation revenue rate for the last three years of total passenger ships (including vessels for spare use) is defined as "the average transportation revenue rate".

any law that excludes a passenger ship with a period of less than one year on the entire passenger ship already placed at the port.

The average transport under Article 4(5) [Attached Table 1](2)(d) of the same Rule, which does not have any grounds for conviction, shall be the average transport.

The calculation of the operational performance of a ship less than one year in connection with the calculation method of the return on investment shall be made with the performance for one year.

the average transport rate of the passenger ships less than one year by prescribing that such ships shall be calculated by calculating the average transport rate;

under the premise that the ship should be included annually, and accordingly, the defendant is a passenger ship with less than one year.

(2) The Marine Transportation Act shall apply to the calculation of the average transport rate by converting the operation rate of ParkB into the performance of one year.

Article 10 In principle, a person who has obtained a license for regular coastwise passenger transport services shall enter the licensed route in principle.

The provision that the vessel must be operated for more than one year, but this provision shall be calculated on an average rate of transport importation.

under section 1(b) is excluded from calculating the average transport rate of ships less than one year under section 1(b).

(1) with respect to the calculation of an average transport rate, the claim is not a legal basis for the claim.

In calculating the actual amount of income, it shall be based on the maximum transport capacity of the shipB, excluding the actual transport performance.

The argument that the vesselB’s expected operating income should be included in calculating the expected operating income.

not only is consistent, but also there is no other legal basis to see it.

In other words, when calculating the average transport revenue rate for the last three years, the entire operation on the service route for which the license application is filed

Since it is reasonable to cover all of the passenger ships, the number of shipsB by the defendant whose operating period is less than one year.

It is legitimate to calculate the average transportation revenue rate by reflecting both the transmission record and estimated revenue.

The plaintiff 1, 2, and 2 are without merit.

(2) Judgment on the claim

The following circumstances, which may be known in accordance with the above facts of recognition and relevant statutes, i.e. the enforcement of the Marine Transportation Act:

Article 4 (5) [Attached Table 1] Paragraph (2) (d) of the Rule shall have the records of operation of ships with the operation period of less than one year.

The calculation shall be calculated by converting it into the performance for one year, and the conversion method shall be prescribed by the body.

Unless otherwise expressly provided, the defendant's actual results of transportation for 11 days operated by the shipB.

Transportation for one year by means of multiplying the annual average number of navigation days after seeking an average number of navigation performance per day in the following:

Along on the performance of the passenger ship which operates the service route of this case, the discharge of the passenger ship which operates the service route of this case

There may be differences, but the regulations or the records of operation that distinguish between sexual water and non-waters under the Shipping Act and subordinate statutes.

There is no provision regarding which degree of discrimination should be set at the time of conversion, and ② the defendant's appointment

operation performance for one year by the method of applying differential adjustment coefficient, by dividing a high-quality water meter and non-water meter into two or more parts;

(2) If conversion is made, the average transport revenue rate under a arbitrary standard is more likely to be calculated.

In light of the fact that the Defendant calculated the result of operation for one year, the Defendant’s number of aircraft, and the visa

The method of calculation is unlawful on the ground that the method of calculation was not considered as seasonal factors.

In addition, the defendant's above operation performance is reasonable in accordance with the relevant regulations.

Therefore, the plaintiff's third proposal is not well-grounded.

(3) Judgment on the claim

The following circumstances, which may be known in accordance with the above facts of recognition and relevant statutes, i.e. the enforcement of the Marine Transportation Act:

Article 4 (5) [Attached Table 1] (2) (e) of the Rule shall be prepared in calculating the average number of navigation days for the last three years.

In cases of ships, the average number of navigation days during the last three years of the vessels operating on the relevant service route shall be applied.

(1) 1 year for the operation period of another maritime passenger transportation service provider.

It is difficult to view that it is applied as it is at the time of conversion of transport records of less than a vessel operated.

Article 4 (5) [Attached Table 1] paragraph (2) (d) of the Enforcement Rule shall operate a ship with a period of less than one year.

The calculation of performance shall be calculated by converting it into performance for one year, and only 1 applicable at the time of conversion.

It does not separately stipulate the number of navigation days for a year, and subject to this, the Defendant shall do so.

One year of shipB by applying 247 days, which is the number of navigation days of the shipA during the one year immediately preceding the date of application for the license of the case

In light of the fact that the shipB's transport performance is calculated, the shipA when the defendant converted the shipB's transport performance.

application of the number of navigation days during the last one year is illegal calculation methods in violation of the relevant regulations.

Therefore, the plaintiff's argument is without merit.

(4) 5 Determination as to the claim

The following circumstances, which may be known in accordance with the above facts of recognition and relevant statutes, i.e. the enforcement of the Marine Transportation Act:

Rule 4(5) [Attachment 1] Paragraph(2)(a) of Article 4 of the Rule shall be the number of flights available per day (k).

Except for Pest, 30 minutes prior to sunrise to 30 minutes after sunset shall refer to the time of operation.

It shall be calculated in proportion to the point of departure, including the waiting time in the port and port areas, and may return to the point of departure.

Only the number of times shall be included: Provided, That if no one day is more than one, the number of times which can be operated shall be included.

Section 4. The defendant is not a carpet in accordance with the above provision.

The daily operating hours of the vessel for which the application is filed shall be calculated by 13 hours, and shall comply with the Intervenor’s business plan.

D. The number of hours required shall be calculated by the total of 6 hours per operation, 3 hours at anchor, 5 hours per day:

The plaintiff, which is a starting point, shall apply 4 times the number of navigationables per day of the shipA.

It is alleged that the vessel applying for the license of this case is entitled to such frequency of operation.

In light of the fact that there is no legal basis, the Defendant’s first operating day of the vessel applying for the license of this case

There is an error of law in calculating two times pursuant to paragraph (2)(a) above (attached Table 1)

(5) Thus, the plaintiff's assertion is without merit.

(5) Judgment on the claim (6)

The following circumstances, which may be known in accordance with the above facts of recognition and relevant statutes, i.e. the enforcement of the Marine Transportation Act:

Article 4(5) [Attachment 1] Paragraph (1) Subparagraph 8 of the Rule shall be the expected annual passenger transport capacity of the vessel applying for a license.

‘The average number of navigation days for the last three years of the existing X passenger capacity X-type vessels’ in the number of navigation days per day.

2. The shipA and the shipB in the existing operation of the service route of this case

(D) the ship is temporarily substituted by the shipA, and the shipC is the shipB in 2013.

(3) the annual average number of navigation days of the ship A and the year of the shipB

"The average number of navigation days of 247 days average, 253 days average for the last three years of existing navigation vessels."

In light of the calculated facts, the Defendant’s annual passenger transport capacity of the vessel applying for the instant license.

(P) The route of this case in calculating the "average number of navigation days" of existing vessels for the last three years.

the average number of navigation days of the vessel A and the vesselB operated in accordance with the relevant regulations;

a legitimate calculation method, and only a ship which has been placed in an existing vessel for at least three years shall be deemed to be a legitimate one.

There is no legal basis to regard the plaintiff as being a party. Accordingly, the plaintiff's 6th claim is without merit.

2) Judgment on the second argument

A) Article 5(1) of the Marine Transportation Act intends to grant a license for marine passenger transport services to the Minister of Oceans and Fisheries.

No. 2 of the Act provides that a business plan shall be examined in compliance with the following subparagraphs:

u)transport of vessel mooring facilities and other transport facilities to be used for the business in question on the route concerned;

It is reasonable for the nature of the demand and the route in question to commence the project in subparagraph 3.

The Minister of Oceans and Fisheries shall prescribe "no risk of undermining the safety of the Tong", and the Minister of Oceans and Fisheries shall prescribe Article 4 (2).

When granting a license pursuant to paragraph (1), Article 5 (1) 2 shall be the period prescribed by Ordinance of the Ministry of Oceans and Fisheries.

on condition that the facilities, etc. under subparagraph 5 are installed, or other passengers

Necessary matters to strengthen safety and secure convenience facilities, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(b) provide that the conditions may be attached.

B) Each description and image of the above facts of recognition and Eul’s evidence 21 to 23, 25, 34 to 37

In light of the following circumstances, the defendant's overall purport of the pleading is revealed:

The instant disposition against the Intervenor is the standard for transport facilities as prescribed by Article 5(1)2 of the Marine Transportation Act.

It is reasonable to deem that all the marine traffic safety standards under subparagraph 3 are satisfied.

The plaintiff's above assertion is without merit.

① The Plaintiff’s succeeding intervenor’s ship at port 9:50 departing from the port at which the main mooring is located.

(Do-dong Do-dong 13 : 00 15 : 30 Hall (Do-dong Do-dong) 18: 40 Do-port

at least 9:00 the vessel applying for the instant license by the Intervenor

the port of entry 12 : 00 , 15 : 30 re-open ports and 18 : 30 Ull (low-dong) ports

shall arrive at the meeting.

The vessel A and the vessel applying for the license of this case are different from the main mooring place, and they are operated as above.

Inasmuch as different navigations are different between each other, in ordinary cases, a particular question is about the safety of marine traffic.

There seems to be no proposal.

On the other hand, if the weather conditions are not good, the ship A departs from the port of call (port passenger wharf).

(A) The vesselA may be subject to safety management, or may be subject to any time after departure.

The passenger ship that passed an examination for certification of the system is not subject to departure control, and the ship applying for the instant license is subject to departure control.

In accordance with Article 38 of the Maritime Safety Act and Article 31 of the Enforcement Rule of the same Act (attached Table 10)

U.S. Chief of the Maritime Police Station shall be subject to the departure control of the Chief of the Maritime Police Station, and if the Chief of the U.S. Port sails to the port of port

In relation to marine traffic safety, there seems to be no possibility to cause any harm to marine traffic safety.

(2) The current status of the port passenger wharfs and adjacent ship mooring sites, which are the main mooring areas of the shipA, shall be as shown in attached Form 3.

The status also is the same as the indication, even if the ship A and the ship applying for the license of this case are at the same time mooring at port.

The port of call may anchor at both prices of the two passenger ships even if the occurrence of the case occurs.

① The Defendant issued the instant license to the intervenors pursuant to Article 4 (2) of the Marine Transportation Act.

“The test operation for the route shall be conducted once at the expense of the licensee after the vessel is secured and before the commencement of the operation.

It shall be inspected as to whether it impedes the safety of maritime traffic, etc. by conducting such inspection, and the conditional licensing vessels at the time of bad weather conditions

To prepare and submit measures to avoid gambling, such as ‘A', ‘A' due to bad weather conditions, etc., the ship A shall return to the port passenger wharf.

(or at the port of departure from the port of loading) and the vessel applying for a license shall depart from the port of loading to the port of loading to the port of loading to the port of loading

In the event of entry into a passenger wharf, it is impossible to use a vessel's seat on the A draft, and thus, passenger disembarkation, vessel landing, vessel landing, and porting.

In regard to the measures, the results of consultation with the relevant period, such as Korea's Office and the Maritime Police Station, shall be followed; "licenses"

The applicant vessel shall submit the front depth of the wharf and the depth survey map of the port entry and departure route, etc.

The conditions were added.

3) Determination on the third argument

The following circumstances, which may be known by the above facts of recognition and the relevant laws and regulations, and by each of the above evidence:

① The Intervenor’s application for the instant license satisfies the standards for transport demand prescribed in the Marine Transportation Act, as seen earlier.

Absent and there is no risk of undermining the safety of marine traffic, and the defendant of the case at the time of mooring the vessel by the intervenor.

Subject to measures for the safety of marine traffic with transportation facilities, such as snow, etc.

In this case, Nonparty 4’s application for a license for marine passenger transport services or Nonparty 4’s application for a license for marine passenger transport services on May 2, 2012

on November 9, 2012, each disposition by the defendant, which rejected the application for a license for self-marine passenger transport services, is unlawful.

(a) there is insufficient evidence to view that the operation of the shipB is suspended immediately before the disposition of this case by the Defendant.

There was a problem, and there was about 1 to 2 years between the defendant's previous non-permission disposition and the disposition of this case

A vehicle, 6. The defendant's each rejection disposition is illegal, even if it is illegal.

sole basis is to grant the instant license to an intervenor meeting all the requirements of the provisions related to the Marine Transportation Act.

(1) A vessel operating the sea route of this case at present shall not be deemed to be unlawful.

qualitatively limited to 1 shipA, (C) the ship was replaced by the shipB, and the shipB shall take a measure to guard and preserve the ship.

Afterward auction procedure is in progress, the business license of Nonparty 1 was revoked, and the vessel D and the vessel E

Pursuant to the provisions of Section A, a vessel shall be operated during the period of suspension of the vessel A, and the vessel A shall be operated in most cases once a day.

The fact that there is only a single day (the number of days of return twice a day is from August 1, 2010 to July 10, 201, and August 1, 201 to 2012.

7. 31. 9. August 1, 2012 to July 31, 2013. The majority of Ulleungdo residents are freedom of land.

Multiple passenger ships on the service route of this case are operated for the purpose of facilitating the travel and tourism industry, etc.

In light of the fact that the defendant is actively desiring the flag, the application for the previous license is rejected by the defendant.

Even if the Intervenor granted only the instant patent application, it is against equity or re-permission.

The plaintiff cannot be viewed as unlawful by abusing his/her authority significantly deviating from or abusing his/her authority. Therefore, the plaintiff's above assertion is justified.

(2).

3. Conclusion

Therefore, the plaintiff succeeding intervenor's claim is dismissed as it is without merit, and it is so decided as per Disposition.

Judges

Judges in order of the presiding judge

Judges Doese defect

Judges Kim fixed-term

Site of separate sheet

A person shall be appointed.