1. The instant lawsuit shall be dismissed.

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

1. Basic facts

가. 피고는 1983. 6. 1. 구 문화재보호법(1982. 12. 31. 법률 제3644호로 개정되기 전의 것) 제8조 제1항에 따라 유기장(鍮器匠)을 중요무형문화재 제77호로 지정하고, 같은 조 제2항에 따라 B를 그 보유자로 인정하였다.

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) planned an additional investigation into recognition of holders of a place of abandonment; and (c) announced that the Defendant should submit data on recognition of holders of important intangible cultural heritage (personal items) by filing the said application on February 19, 2013 and March 22, 2013.

C. On February 25, 2013, the Plaintiff, a non-corporate body established with the purpose of preserving and transferring C’s function, applies for the recognition of the organization of a non-corporate body.

“The ” resolved on the agenda, and D, E, F, G, H, and I, a member of the Plaintiff, have prepared the instant application and submitted it to the Defendant.

On September 24, 2013, the defendant recognized B as an honorary holder, because B, a holder of a place of abandonment, was unable to conduct education for transfer of skills or artistic talents normally.

E. On November 19, 2014, the Defendant: (a) did not conduct an investigation to recognize the Plaintiff’s holding organization on the ground that the place of abandonment was managed as an individual issue recognized by the holder; and (b) conducted an on-site investigation by allowing D, who is in the position of the original registry, to perform an interview and to perform an on-site investigation.

F. From February 23, 2015 to February 26, 2015, the Defendant issued an in-depth examination to J with the highest scores among the subjects of the investigation into the holder of the place of abandonment, and notified on March 20, 2015 that J would be recognized as the holder of the place of abandonment No. 77 of important intangible cultural heritage.

G. The Defendant received an objection against the foregoing pre-announcement from the Plaintiff on April 29, 2015.