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(영문) 대전지방법원 2016.12.07 2015구합1641
잠수기어업허가신청반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are fishermen residing in Chungcheongnam-gun, Seocheon-gun, Bocheon-si, and Seosan-si.

B. On May 29, 2015, the Plaintiffs filed an application for permission for diving fishery (hereinafter “instant application”) with the Mayor of Bogi-si to collect height, etc. from the coast of Chungcheongnam-do.

C. On June 19, 2015, the Boan City Mayor rejected the Plaintiffs’ instant application on the following grounds:

(hereinafter referred to as “instant disposition”). - A - The representative Plaintiff B, etc. of a cooperative corporation submitted a civil petition demanding the extension of the permit quota for diving period from several times prior to a hundred and ninety years (196) to the relevant agencies (Ministry of Oceans and Fisheries, Chungcheongnam-do, and Boan-si), but such civil petition is a management of “inshore fishery business area and the permit quota” pursuant to Article 41 of the Fisheries Act and Article 40(1) of the Enforcement Decree of the same Act, and thus, the final Supreme Court lost as a result of the filing of an administrative litigation (7. 26, 2002) on the basis thereof. - A civil petition filed a constitutional complaint over two times in 2005 and 209, all of which have been dismissed, and thereafter, a civil petition is continuously filed by the Board of Audit and Inspection, the Anti-Corruption and Civil Rights Commission, etc., but it is not possible to solve the current civil petition with the Act already concluded.

As the Delegation Rules for Administrative Affairs of Chungcheongnam-do were amended, the authority to grant permission for diving fishery in the Boan-gu City was transferred to the defendant on July 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 30, Gap evidence 3-1 through 30, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that they filed a civil petition to increase the fixed number of fishery permits for diving to the Ministry of Oceans and Fisheries and the Chungcheong-do, Chungcheongnam-do, but they were rejected. In order to prepare evidentiary materials to file a legislative petition with the National Assembly, the plaintiffs shall request the Seodaemun Coastal Ecology Research Institute to submit them to the National Assembly. From June 13, 1997 to May 30, 1998.

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