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(영문) 인천지방법원 2016.07.01 2016구합210
어업허가처분의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Under Article 22 of the former Fisheries Act (wholly amended by Act No. 4252, Aug. 1, 1990; hereinafter “former Fisheries Act”) around 1987, the network E (hereinafter “the network”) reported a dry net fishing to the Chapter B (hereinafter “B”) of the reinforced military under Article 22 of the former Fisheries Act (wholly amended by Act No. 4252, Aug. 1, 1990), and on Oct. 10, 1987, the G from October 2, 1987, stated “type of fishery: the dry net fishery inspection as “health,” but appears to be a clerical error in the “dried net.” The name of the fishing and fishing gear: the type of dried and dried nets, and other fishing products: the period of validity: from November 8, 1987 to November 7, 199 (three years).

B. From November 7, 1990 to November 7, 1993, the Deceased reported a soft net fishing in accordance with Article 22 of the Fisheries Act before the amendment, and was inspected by a fishery inspection conducted from B on November 7, 1990 to H on the condition that “the type of spores: spores and spores, the validity period: November 8, 1990 to November 7, 1993 (three years).”

C. Under the Fisheries Act before the amendment, the dry-sea fishing, which was classified as a reported fishery under the former Fisheries Act, has been changed to a sectional fishery subject to permission due to the amendment of the former Fisheries Act (wholly amended by Act No. 4252, Aug. 1, 1990 and amended by Act No. 5131, Dec. 30, 1995; hereinafter “after the amendment”), and after the amendment, the Fisheries Act enters into force from February 2, 1991. Accordingly, on July 24, 1991, the strengthened head of Si/Gun ordered each Eup/Myeon to “each Eup/Myeon to investigate the report on dry-sea fishing, investigate the actual results of operation and the actual management of the fishery, and instruct each Eup/Myeon to take over the business of dry-sea fishing after selecting the person who has reported the actual management of the fishery.”

Accordingly, C, from August 22, 191 to the 26th day of the same month, had been conducting a general survey in accordance with the so-called net fishing business transfer system on the I, etc. In the case of the deceased, he prepared a business trip letter to the effect that he would cancel the license in accordance with Article 31 (2) and Article 33 of the Fisheries Act after the revision because he did not have any operational performance.

[Ground of recognition] dispute.

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