2017Abia 2458 Suspension of Execution

A

1. The Busan Metropolitan City Mayor;

2. The Minister of Oceans and Fisheries;

January 17, 2018

1. The petitioner shall dismiss the primary application;

2. On August 16, 2017, the Minister of Oceans and Fisheries shall suspend the effect of the decision on the selection of a person subject to ex officio custody, which the applicant filed on August 16, 2017, by 14 days after the decision on revocation of the decision on the selection of a person subject to ex officio custody.

3. The applicant's remaining preliminary applications are dismissed.

The primary purport of the application: The effect of the decision of the head of Busan Metropolitan City Mayor on August 18, 2017 on the selection of the person subject to discretionary reduction on the applicant on August 18, 2017 shall be suspended until the decision of the court on the cancellation of the decision on the selection of the person subject to discretionary reduction.

Preliminary purport of application: The Minister of Oceans and Fisheries, on August 16, 2017, shall suspend the effect of the decision on the selection of persons subject to ex officio reduction on the applicant on August 16, 2017 until the decision on the revocation of the decision on the selection of persons subject to ex officio reduction is finalized.

According to Articles 4, 6, and 9 through 11 of the Act on the Structural Improvement and Support of Literacy and Maritime Fisheries (a short name), the authority of the Minister of Oceans and Fisheries to select persons eligible for the reduction of fishing vessels in the case of inshore fisheries is held by the respondent. According to the overall purport of records and examination, the Minister of Oceans and Fisheries selects applicants as persons eligible for the ex officio reduction of inshore fishing vessels on August 16, 2017 and the head of Busan Metropolitan City Mayor issued a disposition of ex officio reduction of fishing vessels to the applicant on August 18, 2017 and the head of the respondent delivered the written disposition under the name of the Minister of Oceans and Fisheries to the applicant on August 18, 2017. Therefore, the disposition authority which issued the disposition of ex officio reduction of

According to the evidence submitted in this case as to the preliminary application, it is recognized that there is an urgent need to suspend the effect of the preliminary application in order to prevent the damage which is difficult to recover to the applicant due to the disposition stated in paragraph (2) of this Article (where the applicant fails to comply with the procedure under the above disposition, sanctions under Article 12 of the Act on the Structural Improvement of Coastal Sea Fishery Industry may be imposed, and the applicant's fishery business is likely to have a significant impact on the applicant's fishery business) and there is no other evidence that

January 17, 2018

The presiding judge, senior judge and senior judge

Judges 00 Efficacy

Judge Choi Jin-hun