1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

1. The reasoning of the court's explanation concerning this case is as follows. Except for the addition of "related Acts and subordinate statutes", the part concerning the reason of the judgment of the court of the first instance is as stated in Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Thus, the reasoning of the court's explanation concerning this case is as follows.

[Supplementary part] Article 5 of the former Public Waters Reclamation Act (amended by Act No. 1633, May 2, 1964; hereinafter the same) provides that "The Minister of Agriculture and Forestry or the head of the Gu shall not grant a license for reclamation except in cases where there is a person who has a right to the public waters in the zone where the reclamation is conducted."

Here, the term “person who has a right to public waters” refers to a person who has obtained permission to occupy and use public waters under laws and regulations;

2. A fishery holder or a fishery holder referred to in Article 40 (1) of the Fisheries Act;

3. Persons who have obtained the permission for an acquisition from or a drainage to the public waters under the provisions of Acts and subordinate statutes; and

4. Article 6 of the same Act provides that “a person who takes over a public water surface or flows it to a public water surface” (Article 6 of the same Act) and “a person who has a right to the public water surface” is legally protected interest to seek confirmation of non-existence of a license for reclamation of the public water surface. In this regard, the Plaintiff asserts that a person who is a communal fishing right holder and is a customary fishing right holder

First, as to the claim of communal fishing right holder, the communal fishing right is only stipulated in the former Fisheries Act, amended by Act No. 5131, Dec. 30, 1995. The right to communal fishing right is a fishery right to manage and create sedentary marine animals, such as shellfishes, seaweeds, etc. by subdividing waters within a certain depth, and to capture and gather them.