1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the corresponding part of the judgment of the court of first instance, except for the addition or dismissal of the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Following the 9th 10th 10th m2 added the following details: “The Defendant specifically prepared the standards for effluent water quality related to the wastewater treatment facilities of this case after the date of closing argument in the final and conclusive judgment of this case against the previous rejection disposition; the Plaintiff’s standards for effluent water quality of the wastewater treatment facilities of this case do not meet the standards specifically established, and ② the central marina or harbor development project of the government (hereinafter “the central marina or harbor project”).

In the process of selecting the business operators, the Defendant was selected as the priority negotiation object, and the private investment company entered into a business implementation agreement with the Ministry of Oceans and Fisheries, etc. Accordingly, this circumstance argues that the instant disposition is legitimate, because it is a new fact that does not conflict with the binding force of the final and conclusive judgment of this case and is based on reasons different from the previous disposition.

Since the legitimacy of administrative disposition is determined based on the law and fact at the time when the administrative disposition is taken, the administrative agency that is the party to the final and conclusive judgment may again render a disposition of refusal on the ground of a new reason that occurred after the previous disposition. However, whether it is a "new ground" should be determined based on whether the grounds determined as illegal and the basic facts are recognized. The identity of the basic facts is identical in the basic point of view with the basic social facts that are based on the specific facts before the legal evaluation of the grounds for the previous disposition.