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(영문) 수원지방법원 2015.12.10 2015구합63457
낚시터허가거부처분취소
Text

1. The Defendant’s disposition rejecting permission for a fishing place against the Plaintiff on February 9, 2015 shall be revoked.

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

Reasons

1. Details of the disposition;

A. On December 26, 2014, the Plaintiff filed an application for permission for a fishing place business with the content that operates the fishing place (hereinafter “instant fishing place”) within 17 parcels outside the land B in Osan-si.

B. On December 29, 2014, pursuant to Article 4(2) of the Enforcement Rule of the Fishing Management and Promotion Act, the Defendant issued a request to the Plaintiff to supplement the following documents within the said submission period: (i) details of calculating the maximum capacity of accommodation in the fishing place; (ii) copies of insurance or mutual aid certificates; (iii) specifications of facilities and equipment; (iv) safety inspection confirmation of facilities and equipment; (v) copies of a certificate of ship’s nationality certificate or registration certificate; and (iii) ship inspection certificate or fishing vessel inspection certificate (hereinafter “the first request”); and (iv) the Plaintiff submitted the aforementioned documents within the said submission period; (v) the public official affiliated with the Defendant visited the instant fishing place to check whether the instant fishing place conforms to the installation and equipment standards prescribed in the Fishing Management and Promotion Act; and (v) to check whether the instant fishing place conforms with the installation and equipment standards of the fishing place; and (v) to notify the Plaintiff of the safety and safety confirmation of the fishing place, such as the installation of a loudspeaker, and (v) notification to the Plaintiff.

E. On February 5, 2015, the Plaintiff completed the provision of a stable electricity, a portable fire extinguisher, a garbage tank around a fishing place, and a loudspeaker among the matters requiring secondary supplementation to the Defendant, and the communication equipment is scheduled to use mobile phones, and the safety inspection certificate of a fishing place.

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