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(영문) 대구고등법원 2018.06.15 2017누7918
해상여객운송사업면허취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. ① The Defendant is an administrative agency in charge of a license for marine passenger transport services for the instant sea route; ② the Plaintiff obtained a license for marine passenger transport services for the instant sea route from the Defendant on September 3, 2013, and the revocation judgment of revocation on April 14, 2016 (Seoul District Court Decision 2013Guhap3186, Daegu High Court 2014Nu6921, Supreme Court Decision 2016Du30293, Jun. 14, 2016) is revoked; ③ the Intervenor is a company in which the major shareholder is between the major shareholder of K (hereinafter “K”); ④ K is a company in which the Plaintiff acquired a license for marine passenger transport services for the instant sea route from I on February 14, 2014.

B. Upon the determination of revocation of the above license, the Defendant issued a public notice on the selection of scheduled coastal passenger transport service providers for the instant service route (hereinafter “instant public notice on the selection of service providers”) pursuant to Article 4(2) of the Marine Transportation Act, Article 3 of the Enforcement Rule of the Marine Transportation Act, and Article 3 of the Enforcement Rule of the Marine Transportation Act (Notice of Ministry of Oceans and Fisheries No. 2015-220).

The main contents of the "standards for evaluation of project proposals and guide for preparation" attached thereto shall be as follows:

The public announcement of the selection of the enterpriser in this case is made.

1. Business outlines: Positive/C - Port and destination: Positive/C : Facilities subject to security of approximately 117 miles: Passenger ships, landing and mooring facilities and convenience facilities (terminals, landing and landing facilities, etc.); and

2. Any person who intends to carry on the passenger transportation business or the passenger transportation business under the Marine Transportation Act, and who has no grounds for disqualification under Article 8 of the Marine Transportation Act, shall prepare proposals according to the standards and guidance for preparing proposals for the projects;

4. Members of the Committee for Selection of Business Entities shall be in accordance with the detailed criteria for each item of the Proposal.

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