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(영문) 인천지방법원 2019.05.02 2018구합55061
보상금등지급신청기각결정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. In accordance with Article 17 of the former Industrial Sites and Development Act (amended by Act No. 8337 of Apr. 6, 2007; hereinafter “former Industrial Sites Act”), the head of the Seoul Regional Construction and Management Office approved the project implementer as the defendant with respect to the project for the construction of vision assistive power generation (hereinafter “instant project”) among the semi-monthly special area development zones located in the special area development project zone, which is a special area development project zone, and publicly notified as the Seoul Regional Construction and Management Office as the implementation period from Nov. 28, 2004 to Dec. 30, 2009, with the lease period period of No. 538,362 square meters as the date of the loan of Ansan-si, Ansan-si, the Seoul Regional Construction and Management Office announced as the implementation plan for the construction of vision assistive power plant (hereinafter “the instant electric power plant”).

B. The construction work of the instant power plant commenced on March 2005 and completed around December 2009, and the Defendant granted compensation for the fishery damage (the scope of damage: within the radius of 3 km from the construction site) to the fishermen engaged in fishing in the neighboring ocean areas due to the construction of the instant power plant from August 2009 to December 2009.

C. On March 25, 2010, the Defendant: (a) planned to investigate the scope and degree of fishery damage of fishermen engaged in fishing in neighboring external waters due to the operation of the instant power plant from around January 201; (b) planned to compensate; and (c) announced the scheduled compensation plan to the effect that the standard date shall be December 28, 2004.

On May 28, 2011, the Defendant entered into an agreement with B on the investigation of and compensation for fishery damage from the operation of the instant power plant. Around May 28, 2004, the Defendant selected an institution to investigate fishery damage from the operation of the instant power plant and investigated the scope and degree of fishery damage from all waters expected to be damaged from the operation of the instant power plant, and the operator of the instant power plant as a licensed fishery operator, permitted fishery business operator, and reported fishery business operator as of December 28, 2004, which is the base date for compensation.

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