(영문) 울산지방법원 2019.10.17.선고 2018구합7222 판결

The Defendant imposed charges of KRW 1,24,58,40 on June 4, 2013 on the Plaintiff (the imposition of charges of KRW 1,244,58,40, and the imposition of charges of KRW 1,244,58, and 400 on the port facilities on June 2, 2014 (the imposition of KRW 9- 9- 8 branch line, 251, 432, 251, 432, and 61 square meters from June 1, 2013 to May 31, 2014), and on June 2, 2014 (the imposition of charges of KRW 9-8 branch line, the area used, the area used, the area used, the period of use, the period of 251, 432, and the usage charges of KRW 30,81,50, respectively).

The defendant pays to the plaintiff 1, 426, 713, 165 won and 622, 294, 200 won among the above money, and 804, 418, 965 won from June 19, 2013, 5% per annum from June 17, 2014 to the service date of a duplicate of the complaint of this case, and 15% per annum from the next day to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established in accordance with the Korea National Oil Corporation Act for the purpose of facilitating the stabilization of supply and demand of petroleum by efficiently implementing projects for developing petroleum resources, stockpiling petroleum, and improving the petroleum distribution structure and contributing to the development of the national economy. The Defendant is a corporation established in accordance with the Korea National Oil Corporation Act for the purpose of fostering Ulsan Port, a State-managed trade port, into a competitive logistics base and contributing to the national economy.

B. On January 2, 2008, the chief of Ulsan Maritime Affairs and Fisheries delegated by the Minister of Oceans and Fisheries (hereinafter referred to as "the head of the Ulsan Maritime Affairs and Fisheries Office" on February 29, 2008, and restored to "the head of the Ulsan Maritime Affairs and Fisheries" on January 6, 2015) entered into a loan agreement with the Defendant on January 2, 200 for the purpose of enhancing the efficiency of collecting rent for the construction and management of facilities in Ulsan Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime.

C. For the purpose of using crude oil (Buy) 1) and the submarine pipeline installation, the Plaintiff paid each prescribed usage fee with the Defendant’s approval for use on two occasions pursuant to Article 29(1) of the former Port Authority Act, as follows, with respect to Buy’s (Buy) and the area of the submarine pipeline located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, 251, 432, 61 meters of the area of the 8 branch line (hereinafter referred to as the “number of stations in this case”).

1) On June 4, 2013, the Plaintiff obtained the consent of the Defendant to use the instant water area at KRW 1,244,58, and KRW 400 for one year until May 31, 2014, on June 1, 2013, with respect to the instant water area (hereinafter “the instant consent to use”). On June 19, 2013, the Plaintiff paid the Defendant the full amount of the said user fee to the Defendant on June 19, 2013.

2) On June 2, 2014, the Plaintiff obtained the consent of the Defendant to use the instant water as KRW 1,608, 837, and 930 for one year until May 31, 2015, on June 1, 2014, with respect to the instant water zone (hereinafter referred to as “the consent to use of the instant water”). On June 17, 2014, the Plaintiff paid the Defendant the full amount of the said fee to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 3, and 9 to 11 (Provisional lot number)

2. Determination on the Defendant’s defense prior to the merits

A. Summary of the defendant's assertion

1) The plaintiff asserted that "the defendant's act of calculating user fees at the time of the approval for the first and second use of this case and seeking to pay them at the time of the approval for the second use constitutes "the imposition of user fees" subject to appeal litigation, and that "the disposition of imposition of user fees at the above "the disposition of imposition of user fees" has a significant and obvious illegality applying the wrong rate for the calculation of user fees, and sought confirmation of its invalidity. The plaintiff joined the plaintiff's claim for return of unjust enrichment for the portion of the user fees paid at the time of the legitimate excess of the user fees.

2) As follows, the Defendant’s defense prior to the draft of this case is not the case where the State or a local government did not delegate or entrust the authority to administer state property to the Defendant, which is a state-owned property. Thus, the Defendant’s act of seeking approval for use of the instant water area based on the instant free loan agreement does not constitute an “disposition that is subject to an appeal litigation” because it is merely the Defendant’s demand for payment of user fees in the position of a party to a lease contract under private law, not the Defendant’s exercise of public authority, but the Defendant’s demand for payment of the user fees. Accordingly, the part of the instant lawsuit’s claim seeking confirmation of invalidity of the disposition imposing user fees is deemed not to be eligible for an appeal. Since the pertinent claim’s claim for return of unjust enrichment related to the aforementioned joined claim is not unlawful, the entire lawsuit of this case should be dismissed.

(b) Relevant statutes;

As shown in the attached Table-related statutes.

C. Determination

1) Relevant legal principles

In accordance with Article 17 of the former Korea Airport Corporation Act (amended by Act No. 6607, Jan. 4, 2002; hereinafter the same shall apply), even if the Korea Airport Corporation has been subject to public law regulations, such as that it should prepare a plan in advance and submit it to the Minister of Construction and Transportation and obtain approval, any sub-lease for the administrative property for which the Korea Airport Corporation has obtained permission for free use from the government, does not differ from the ordinary lease between private parties, and the lease is conducted in the form of a lessee’s application for approval for use and a lessor’s approval for use (see Supreme Court Decision 2001Da82514, 82521, Oct. 24, 2003, etc.).

The consolidation of related claims in accordance with Articles 38 and 10 of the Administrative Litigation Act requires that the original appeal shall be lawful, and in a case where the original appeal is dismissed on the grounds that the appeal litigation is unlawful, the relevant claims jointly with him/her shall be dismissed to be improper (see Supreme Court Decision 2000Du697, Nov. 27, 2001, etc.).

2) Determination

In light of the following circumstances, the evidence and the purport of No. 13 and No. 14 as stated above, which were revealed by the Defendant, as well as the evidence and the purport of the entire pleadings, the Defendant’s instant case

The first and the second consent to use is that the defendant's act of calculating the user fee at the time of the second consent to use is nothing more than demanding the plaintiff to pay the user fee in the position of a party to a lease contract under the private law and does not constitute a "disposition conducted in the superior position with public authority". In the end, the part of the "request to nullify the invalidity of the imposition of user fee" in the lawsuit of this case is inappropriate as it does not meet the standing of an appeal litigation, and the part of the claim for return of unjust enrichment related to the joined claim is also inappropriate as it does not meet the requirements of the lawsuit. Therefore, the entire lawsuit of this case is unlawful. Accordingly, the defendant's prior defense on the merits is with merit.

A) The key point of whether the Defendant’s approval for the first and second use of the instant harbor that the Plaintiff was disposed of is whether the Defendant was entrusted with the management of State property or entrusted with the management of State property by the managing authority of the instant water zone. However, the principle management authority of the water facilities of the Ulsan Port, a State-managed trade port, belongs to the Minister of Oceans and Fisheries (Article 20 of the former Harbor Act), Article 92 of the former Harbor Act concerning the delegation and entrustment of authority, and Article 91(1)10 of the former Enforcement Decree of the Harbor Act (amended by Presidential Decree No. 28138, Jun. 20, 2017; hereinafter the same shall apply) concerning the establishment and registration of the right to use harbor facilities under Article 16 of the Act and the change thereof, and Article 16 of the former Enforcement Decree of the Harbor Act stipulate that the Defendant was delegated with the authority of the chief of a regional maritime affairs and fisheries office concerning the entrustment of the operation of harbor facilities, acceptance of reports on the use of harbor facilities or rental fees, etc.

B) Rather, as mentioned in the above A, the Defendant entered into the instant free loan agreement with the chief of Ulsan Regional Maritime Affairs and Fisheries Office and the head of Ulsan Regional Maritime Affairs and Fisheries Office, who has been delegated the authority by the Minister of Maritime Affairs and Fisheries to establish the “right to manage harbor facilities” under Article 16 of the former Harbor Act. However, Article 17 of the former Harbor Act stipulates that “The right to manage harbor facilities shall be deemed a real right, and unless otherwise provided in this Act, the right to manage harbor facilities shall be deemed a right to prescribe real estate under the Civil Act, and the above right to manage harbor facilities shall be clearly defined as a right under the private law (private law). Ultimately, the Defendant is a “right to maintain and manage the harbor facilities” and is a “right to receive a fee from the users of the harbor facilities, which is a private law right, and has been granted a license to manage the harbor facilities from the head of Ulsan Regional Maritime Affairs and Fisheries Office (the legal nature of the loan, a typical contract under the Civil Act).

C) The approval for the first and second uses of the instant port facilities is made in the form of the Plaintiff’s consent to use the Plaintiff’s application. Moreover, the usage fees for the instant waters shall be calculated in accordance with the method of calculating the usage fees pursuant to the “Rules on the Use and Use, etc. of Harbor Facilities by Ulsan Port Authority, an internal provision of the Defendant.” In light of Article 30(6) and (8) of the former Harbor Act, Article 28 of the former Decree on the Implementation of Harbor at the Time of the former Harbor, Article 30(1) and (3) of the former Port Authority Act, and Article 13(1) and (2) of the former Enforcement Decree of the Port Authority Act (amended by Presidential Decree No. 28139, Jun. 20, 2017; hereinafter the same shall apply), the Defendant’s act of seeking the payment of the usage fees and usage fees for the instant harbor facilities is not subject to prior notification to the Minister of Oceans and Fisheries pursuant to Article 30(2) of the former Enforcement Decree of the Port Authority Act.

① However, in light of the following: (a) the right to manage harbor facilities of this case, which is the basis for approval for each of the instant cases, is the private legal relations; (b) the term “rental contract” is used for an act to obtain the right to use harbor facilities; and (c) Articles 29 and 30 of the former Port Authority also use the term “use or lease of harbor facilities”; and (b) Article 12 of the former Enforcement Decree of the Port Authority Act uses the term “use or lease of harbor facilities” for the purpose of using or leasing the harbor facilities; and (c) Article 12 of the former Enforcement Decree of the Port Authority Act equally regulates the acquisition of approval for use from the Port Authority; and (d) the conclusion of the contract for use or lease; and (e) the legal relationship on the use or lease of harbor facilities of this case constitutes a legal relationship under the private law, not the legal relationship under the private law, under the premise that Article 30-2 of the former Port Authority Act is a new bill for collection of the fees.

D) Article 16 of the former Korea Airport Corporation Act provides that a State-owned property may be leased free of charge to the Corporation when necessary to efficiently conduct its business, and Article 17(1) of the former Korea Airport Corporation Act provides that a State-owned property may be leased or sub-leased to a third party. In addition, when the Corporation intends to "lease or sub-lease the State-owned property", it shall prepare a plan in advance and submit it to the Minister of Construction and Transportation (the current Minister of Land, Infrastructure and Transport) for approval (Article 17(2)) and shall be determined by Ordinance of the Ministry of Construction and Transportation (current Ordinance of the Ministry of Land, Infrastructure and Transport) regarding the subject of collection, amount of collection, and collection procedure of the usage fees or usage fees collected by the Corporation (Article 18(2)). Such regulation of the former Korea Airport Corporation Act is clearly identical to the legal regulations on the use or lease of harbor facilities prescribed by the former Port Authority Act. However, the former Port Authority Act clearly states that the State-owned property is a right to use the State-owned property under the former Port Authority Act.

3. Conclusion

Thus, since the lawsuit of this case is wholly unlawful, it is decided to dismiss it. It is so decided as per Disposition.

shall be ruled.

Judges

Judges Gangwon-do;

Judges Lee Jae-py

Judge Lee Jong-soo

Note tin

1 ) 부이 ( Buoy ) 는 우리 말로 ' 계선부표 ( 繫船浮漂 ) ' 라고 한다 . 계선부표는 항만 내에서 부두 이외의 지점에 선박을 계

For the purpose of mooring, the upper part of the fixed section shall be fastened by the vessel’s length on the upper part of the vessel. “The instant case”

"The raw milk father" means the mooring of a vessel on the sea other than a wharf and unloading of crude oil which is difficult to arrive at the wharf.

the mooring schedule to be established in order to ensure that

Site of separate sheet

[Attachment]

Relevant statutes

▣ 구 항만법 ( 2016 . 12 . 20 . 법률 제14452호로 개정되기 전의 것 )

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "harbor" means a place equipped with facilities for B, such as the entry and departure of ships, the embarkation and disembarkation of people, the loading, unloading, storage, and disposal of cargo, and marine-friendly activities, and facilities for creating added value, such as assembly, processing, packing, and manufacturing of cargo;

2. The term "trade port" means a harbor designated pursuant to Article 3 (1) as a harbor closely related to the national economy and public interests, in which the ocean-going vessel mainly enters and departs from the port;

4. The term "harbor zone" means a water zone and land zone of a harbor under subparagraph 2 or 3;

5. The term "harbor facility" means any of the following facilities inside a harbor zone, and any of the following facilities designated and publicly notified by the Minister of Oceans and Fisheries:

(a) Basic facilities:

(1) Water zone facilities (water zone facilities), such as sea routes, anchorages, oil stops (ship wharfs), shipmasters (e.g., Do governors)

Article 3 (Classification and Designation of Harbors) (1) The Minister of Oceans and Fisheries shall designate ports by classifying them as follows, and the name, location, and area of such ports shall be prescribed by Presidential Decree:

1. A trade port;

2. Coastal harbors.

Article 16 (Right to Manage Harbor Facilities) (1) The Minister of Oceans and Fisheries may establish a right to maintain and manage harbor facilities and to collect user fees from the users of such harbor facilities (hereinafter referred to as "right to manage harbor facilities").

(2) A person who has been granted a license to manage harbor facilities under paragraph (1) shall register with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. The same shall also apply to any revision to registered matters.

Article 17 (Nature of Right to Manage Harbor Facilities) The right to manage harbor facilities shall be deemed a real right, and the provisions concerning real estate in the Civil Act shall apply mutatis mutandis if there are no special provisions in this Act.

Article 20 (Management of Harbors) The Minister of Oceans and Fisheries shall manage trade ports and coastal ports.

(1) A person who intends to use harbor facilities (excluding navigational aids; hereafter the same shall apply in this Article) (1) may use the harbor facilities after obtaining permission from the Minister of Oceans and Fisheries, or entering into a lease contract with the Minister of Oceans and Fisheries or a person entrusted or entrusted by the Minister of Oceans and Fisheries (hereinafter referred to as "operator of facilities only in the port") or obtaining approval from a lessee (hereinafter referred to as " lessee"), as prescribed by Presidential Decree: Provided, That a person who intends to use the harbor facilities prescribed by the Minister of Oceans and Fisheries shall report such fact to the Minister of Oceans and Fisheries.

(3) Upon receipt of an application for permission to use harbor facilities under paragraph (1), the Minister of Oceans and Fisheries shall grant permission unless it interferes with the development plan, management, and operation of the harbor.

(4) The Minister of Oceans and Fisheries, a harbor facility operator, or a lessee may collect user fees from persons who purchase harbor facilities pursuant to paragraphs (1) and (2): Provided, That a person prescribed by Presidential Decree may be fully or partially exempted from such user fees.

(6) Matters necessary for the types, rates, etc. of user fees under paragraph (4) (rates for fees) shall be prescribed by Presidential Decree.

(7) Where a person who has obtained permission or filed a report pursuant to paragraph (1) pays user fees for harbor facilities, the Minister of Oceans and Fisheries may collect such fees in the same manner as delinquent national taxes are collected.

(8) A harbor facility operator or a lessee shall report to the Minister of Oceans and Fisheries in advance matters concerning the rate and method of collection of user fees under paragraph (4).

(9) Except as otherwise expressly provided for in this Act or an order issued under this Act, methods for use of harbor facilities and user fees therefor shall be governed by the Minister of Oceans and Fisheries, the relevant harbor facility operator, or lessee.

Article 92 (Delegation and Entrustment of Authority) (1) The Minister of Oceans and Fisheries may delegate part of his/her authority under this Act to the administrator of a regional maritime affairs and port office or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

(2) Part of the authority of the Minister of Oceans and Fisheries under this Act may be entrusted to the Association, the Port Authority under Article 4 of the Port Authority Act, or the Korea Shipping Association under Article 4 of the Korea Shipping Association Act, as prescribed by Presidential Decree.

▣ 구 항만법 시행령 ( 2017 . 6 . 20 . 대통령령 제28138호로 개정되기 전의 것 )

Article 2 (Names, etc. of Harbors)

(2) National trade ports and local management trade ports referred to in Article 3 (2) of the Act shall be as specified in attached Table 2.

Enforcement Decree of the Harbor Act [Attached Table 2]

Classification between national trade ports and regional trade ports (related to paragraph 2 of Article 2):

A person shall be appointed.

Article 26 (Use of Harbor Facilities) (1) A person who intends to use a harbor facility with permission from the Minister of Oceans and Fisheries pursuant to the main sentence of Article 30 (1) of the Act shall submit (including submission by electronic document) an application stating the following matters prescribed by the Minister of Oceans and Fisheries to the Minister of Maritime Affairs and Fisheries:

1. Address, name and date of birth of the applicant;

2. Purposes of use;

3. Location, name, size, length, etc. of the harbor facilities to be used;

4. Period of use;

(2) Any person who intends to use a harbor facility by entering into a lease contract with the Minister of Oceans and Fisheries pursuant to the main sentence of Article 30 (1) of the Act shall submit (including submission by electronic document) an application for lease of the harbor facility specified by the Minister of Oceans and Fisheries to the Minister of Oceans and Fisheries.

(3) A person who intends to use a harbor facility by concluding a lease contract with an operator of the harbor facility (referring to a person delegated or entrusted with the operation of the harbor facility pursuant to the Act or other statutes) other than the Minister of Oceans and Fisheries pursuant to the main sentence of Article 30 (1) of the Act shall submit an application for lease of the harbor facility stating the matters

(4) A person who intends to use harbor facilities with consent from a lessee pursuant to the main sentence of Article 30 (1) of the Act shall submit an application for the use of harbor facilities stating the matters referred to in the subparagraphs of paragraph (1) determined by the Minister of Oceans and Fisheries to the lessee. In such cases, the lessee shall not have the lessee use all the leased harbor facilities or exercise all the operation rights thereof.

(5) Detailed matters, such as the lease period, the period of consent, and the rate thereof, under paragraphs (2) through (4) shall be determined by the harbor facility operator or lessee.

(6) A lessee shall, when he/she has consented to use a harbor facility pursuant to paragraph (4), report the details thereof to the operator of the harbor facility (including a report by electronic document).

Article 28 (Types, Rates, etc. of Fees for Use of Harbor Facilities) (1) The types of fees for use under Article 30 (6) of the Act shall be as follows:

1. Ship fees;

2. Freight charges;

3. Passenger terminal usage charges.

4. Charges for exclusive use of harbor facilities;

(2) The rate of fees for using harbor facilities pursuant to Article 30 (6) of the Act shall be determined and publicly notified by the Minister of Oceans and Fisheries in consideration of smooth harbor logistics, etc. by subject to collection under paragraph (1)

Article 91 (Delegation of Authority) (1) The Minister of Oceans and Fisheries shall delegate the following authority concerning the State-managed trade ports and State-owned coastal ports to the administrator of a regional maritime affairs and port office pursuant to Article 92 (1) of the Act:

10. Establishment, registration, and modification of the right to manage harbor facilities under Article 16 of the Act;

17. Permission for the use of harbor facilities, delegation and entrustment of the operation of harbor facilities, and reporting on the use of harbor facilities under Article 30 of the Act;

of repair, collection and exemption of fees for the use of harbor facilities, and usage fees of harbor facility operators or lessees;

Acceptance of reports on rates, methods of collection, etc. and payment of expenses incurred in the payment of user fees in lieu of fees, etc.

▣ 구 항만공사법 ( 2016 . 12 . 20 . 법률 제14451호로 개정되기 전의 것 )

The purpose of this Act is to contribute to the development of the national economy by establishing harbor works and raising the efficiency of specialized results in the development, management, and operation of harbor facilities.

Article 6 (Investment) (1) Notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act, the State or a local government may invest movable or real estate necessary for the projects of the Corporation and the right to manage harbor facilities under Article 16 of the Harbor Act (hereinafter referred to as "right to manage harbor facilities") in the Corporation. In such cases, the amount of investment in the right to manage harbor facilities shall be the value invested in the purchase, new creation, extension and remodeling of the relevant assets.

(2) The State Property Act and Article 28 of the Public Property and Commodity Management Act shall apply to the investment in the Corporation under paragraph (1).

Article 8 (Projects) (1) The Corporation shall perform the following projects:

1 . 「 항만법 」 제2조 제5호에 따른 항만시설 ( 외곽시설 · 임항교통시설 등 대통령령으로 정하는 항만시설은 제외한다 ) 의 신설 · 개축 · 유지 · 보수 및 준설 ( 浚業 ) 등에 관한 공사의 시행 및 항만의 경비 · 보안 · 화물관리 여객터미널 등 항만의 관리 · 운영에 관한 사업

4. Projects entrusted by the State or local governments in connection with the creation, management, and operation of harbors;

Article 10 (Establishment of Harbor Committee) In order to deliberate and resolve on the following matters, the Harbor Committee (referred to as the "Committee" hereinafter) shall be established in the Corporation:

6. Establishment of standards for rents and rents for harbor facilities;

Article 27 (Free Loan, etc. of State or Public Property) (1) The State or a local government shall require the efficient implementation of the projects under Article 8 (1) 1, 2, 2-2, 2-3, 3 and 4. Where deemed necessary, notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State or a local government may lend State or public property necessary for the relevant private business to the Corporation without compensation or allow it to use or profit from such property.

(2) The Corporation shall not construct a building or any other permanent structure on the State or public property leased, or permitted to use, or to make a profit from, a building or permanent structure pursuant to paragraph (1): Provided, That the foregoing shall not apply where it is intended to invest the relevant State or public property in the public building after the completion of the relevant structure.

Article 29 (Lease of Harbor Facilities) (1) The Corporation may allow a third party to use, or lease harbor facilities managed by the Corporation.

(2) Where the Corporation leases a harbor facility pursuant to paragraph (1), the period shall not exceed 50 years.

Article 30 (Collection of Fees and Rent) (1) The Corporation (including a corporation entrusted with the business of managing and operating passenger terminals, etc. pursuant to Article 42 (1); hereafter the same shall apply in this Article and Article 30-2) may collect fees or rents from persons who intend to use or rent harbor facilities, the System has the jurisdiction over, or the Corporation has the jurisdiction over, such facilities. In such cases, the types of fees or rents the Corporation may collect shall be prescribed by Presidential Decree.

(3) Where the Corporation collects user fees pursuant to paragraph (1), it shall determine the rate of user fees by type and report it to the Minister of Oceans and Fisheries. The same shall also apply where it intends to modify any reported matters.

(1) If a person liable to pay fees for the use of harbor facilities under Article 30 (1) fails to do so by the deadline, the Corporation may entrust the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the relevant harbor with the collection of such fees, as prescribed by Presidential Decree.

(2) Where the head of a Si/Gun/Gu is entrusted with the collection pursuant to paragraph (1), he/she may collect it in the same manner as delinquent local taxes are collected. In such cases, the Corporation shall pay to the relevant Si/Gun/Gu (referring to an autonomous Gu) an amount prescribed by Presidential Decree among the amounts collected by the head of the relevant Si/Gun/Gu.

(3) Where the Corporation entrusts the collection of user fees pursuant to paragraph (1), it shall submit relevant data requested by the head of the relevant Si/Gun/Gu.

▣ 구 항만공사법 시행령 ( 2017 . 6 . 20 . 대통령령 제28139호로 개정되기 전의 것 )

Article 12 (Use or Lease of Harbor Facilities) (1) Acts to use or rent harbor facilities pursuant to Article 29 of the Act shall be as follows:

1. Obtaining consent to use from the Corporation;

2. Conclusion of a contract for construction or use, or a lease contract;

3. Reporting on the Corporation (limited to cases where a passenger or cargo enters into or leaves a port facility and uses harbor facilities on the surface of the passenger or cargo), as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

(2) A person who intends to use or lease harbor facilities pursuant to paragraph (1) shall file an application stating the following matters with the Corporation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:

1. Address and name of the applicant;

2. Purpose of use or lease;

3. The location, name, and size of the port facility to be used or leased.

4. Period of the use or lease; and

(1) The types of usage fees and rents that the Corporation (including corporations entrusted with the business of managing and operating passenger terminals, etc. pursuant to Article 42 (1) of the Act; hereafter the same shall apply in this Article and Articles 14, 15 and 15-2) may collect pursuant to Article 30 (1) of the Act shall be as follows:

1. Rental fees;

(a) Ship fees;

(b) Freight charges;

(d) Exclusive use fees;

2. Rent;

(a) Picking facility rents;

(b) Rent for loading and unloading equipment;

(d) Rent for container operation centers;

(e) Rent of a harbor hinterland complex;

(f) Rent for land, buildings, etc. other than harbor facilities;

(2) Necessary matters concerning the detailed classification and details of user fees and rents under paragraph (1) 1 and 2 shall be prescribed and publicly notified by the Minister of Oceans and Fisheries.

Article 15-2 (Entrustment of Collection) (1) Where the Corporation entrusts the head of a Si/Gun/Gu (referring to the head of a Gu office of an autonomous Gu; hereinafter the same shall apply) with the collection of user fees pursuant to Article 30-2 of the Act, it shall send a written entrustment of collection stating the name and address of a person subject to collection, amount of collection, reasons for collection, period of payment, and other matters necessary for collection.

(2) "Amount prescribed by Presidential Decree" in Article 30-2 (2) of the Act means an amount equivalent to 10/100 of the amount collected by the head of a Si/Gun/Gu.

▣ 구 한국공항공단법 ( 2002 . 1 . 4 . 법률 제6607호로 폐지된 것 )

Article 16 (Free Loan, etc. of State-Owned Properties) If it is necessary to efficiently carry out the projects of the Corporation under Article 7, the Government may lend, increase, or allow the Corporation to use State-owned properties (including goods; hereinafter the same shall apply) free of charge.

Article 17 (Sublease of State Property, etc.) (1) The Corporation may lend or sublease the property contributed or loaned under the provisions of Articles 15 (1) and 16 in an offense that does not cause any impediment to the management and operation of airport facilities.

(2) When the Corporation intends to lend or sublease under paragraph (1), it shall prepare a plan in advance and submit it to the Minister of Construction and Transportation for approval. The same shall apply to any modification thereof. The same shall apply to cases where it intends to do so.

(2) The objects of collection, amount and collection procedure of the usage fees or usage fees collected under paragraph (1) shall be determined by the Ordinance of the Ministry of Construction and Transportation.

참조조문