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(영문) 서울고등법원(춘천) 2019.10.30 2019누885
어항시설사용점용허가신청불허가처분취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. The defendant is located in C in Gosung-gun, Gangwon-do with respect to the plaintiff on October 11, 2018.

Reasons

1. The reasoning of the judgment of the court of first instance, which partially accepted the part of the judgment, is as stated in the corresponding part of the judgment of the court of first instance (Articles 8(2) and 420 of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act, except for the modification and addition of a part to the part to the extent of the judgment, as follows, it is identical to the corresponding part of the judgment of the court of first instance.

Part 6 of the judgment of the first instance is amended to “former Fishing Villages and Fishery Harbors (amended by Act No. 29213, Oct. 2, 2018)” in Part 3 as “former Fishing Villages and Fishery Harbors (amended by Act No. 15605, Apr. 17, 2018).”

The following shall be added between the sixth and twenty-one of the judgments of the first instance:

6. The term "fishery harbor development project" means the following projects implemented in accordance with a fishery harbor development plan under Article 19:

2. A part that differs from the judgment of the court of first instance (from No. 8 to No. 14 of the court of first instance)

A. Article 38(3) of the former Fishing Villages and Fishery Harbors Act (amended by Act No. 15605, Apr. 17, 2018; hereinafter “former Fishing Villages and Fishery Harbors Act”) provides that a fishery harbor management authority shall comply with a fishery harbor development plan when granting permission for the use or occupation of fishery harbor facilities, and that permission shall be granted within “to the extent that the functions of a fishery harbor and the public use of the fishery harbor are not hindered.”

In addition, Article 35(1) of the Enforcement Decree of the Fishing Villages and Fishery Harbors Act provides for the criteria for the permission to use fishery harbor facilities as general standards for permission (Article 35(9) of the same Act, and Article 35(1) of the Enforcement Decree of the Fishing Villages and Fishery Harbors Act (Article 35(1) of the same Decree).

As above, the former Fishing Villages and Fishery Harbors Act respectively.

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