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(영문) 서울행정법원 2015.12.17 2015구합67243
중요무형문화재 제77호 인정처분 취소청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The defendant designated D as a major intangible cultural heritage A under Article 8 (1) of the former Cultural Heritage Protection Act (amended by Act No. 3644 of Dec. 31, 1982) on June 1, 1983, and recognized E as its holder under paragraph (2) of the same Article.

B. On January 30, 2013, the Defendant: (a) formulated the “Plan for Designation of Important Intangible Cultural Heritage in 2013 and for the Search of Successors,” and (b) announced that D’s additional investigation into the recognition of holders was also included therein; (c) on February 19, 2013 and March 22, 2013, the Defendant submitted a “data for the Submission of Material Intangible Cultural Heritage Recognition (personal Presentation)” (hereinafter “instant application”). (c) The Plaintiff, as a non-corporate group established for the purpose of preserving and transferring F’s function, filed an application for recognition of D’s group by holding a meeting on February 25, 2013.

“The Plaintiff’s agenda was resolved, and the Plaintiff’s member G, H, I, J, K, and L submitted the instant application to the Defendant. D. On September 24, 2013, the Defendant deemed that E, a holder of D, was unable to normally conduct education for transfer of skills or arts and recognized as an honorary holder. E. On November 19, 204, the Defendant did not conduct an on-site investigation into the Plaintiff’s group recognition on the ground that D is managed as an individual item recognized by D’s holder, and conducted an on-site investigation by having G, who is in the original registry, participate in an interview and conduct an on-site investigation. From February 23, 2015 to February 26, 2015, the Defendant conducted an in-depth examination of the highest scores among the holders of D’s intangible cultural heritage among those subject to investigation, and on March 20, 2015, the Defendant held an in-depth notice from the owner of D’s intangible cultural heritage in the Official Gazette.

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