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(영문) 수원지방법원 2016.02.04 2015구합66388
공기총 보관명령처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff obtained permission to possess a small-scale gun from the Defendant, and obtained a hunting license from the safe market around July 2014.

The name of the kind on the date of permission, type, old light-setting, No. 125, Jun. 25, 2014, 199 Hunting Republic of Korea air gun Hun-Ma5 air gun Hunting and ADR5 air conversing 5.0 B on Nov. 7, 2014, 5.0 C on December 1, 2014, 199 Hun-Mamala AR5 air compressions 5.0 D on air gun Hun-Ma

B. On April 7, 2015, the Defendant issued an order to the Plaintiff to submit the instant order to the Plaintiff to keep the guns possessed by the Plaintiff (hereinafter “instant guns”) in the Defendant’s arms on the grounds of Article 47(2) of the former Control of Firearms, Swords, Explosives, etc. Act (amended by Act No. 13429, Jul. 24, 2015; hereinafter “former Control of Firearms”) and Article 70-2(2) of the Enforcement Decree of the same Act (hereinafter “instant order to keep the instant guns”).

C. On June 5, 2015, the Plaintiff submitted the instant gun to the Defendant, and thereafter, the Defendant kept it until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the custody order of this case is lawful

A. The Plaintiff’s assertion 1) According to Article 47(1)3 and 47(2) of the former Inspection and Control Act, the permitting agency may issue a custody order where there is a need to maintain public safety. However, there is no ground for the fact that the Plaintiff is likely to cause firearms accidents by possessing the instant gun, and it is not necessary to maintain public safety. 2) The instant custody order is an abuse of discretionary power, since it significantly infringes on the Plaintiff’s private interest in the exercise of property rights, etc. compared to the public interest to be achieved thereby.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination as to whether it is necessary to maintain the public security at the time of the instant order for storage.

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