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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 is an organization established for the purpose of navigational license tests, registration of water leisure crafts and safety inspection as proxy, and research projects to promote the water-related leisure industry.
B. On May 16, 2014, the Plaintiff obtained permission from the Busan Metropolitan City Mayor to occupy and use the water supply craft (from May 16, 2014 to May 15, 2017) for 607 national rivers, Dogwon-dong, Busan (hereinafter “instant application site”).
C. On September 22, 2016, the Plaintiff filed an application for permission (hereinafter “instant application for permission”) with the Defendant on the following grounds: (a) on September 22, 2016, the Plaintiff notified the Defendant that he/she rejected the instant application for permission on the ground that “the construction of facilities for performing the duty to perform the duty to perform the examination of the Ministry of Public Safety and Security, etc., and the alteration of the current state of cultural heritage designated (registered) by the State (hereinafter “instant application”); (b) on October 5, 2016, the Defendant, via the head of Busan Metropolitan City (hereinafter “instant application”), would have an impact on the preservation of cultural heritage (e.g., the arrival, etc., of facilities for
(hereinafter “instant disposition”) D.
On December 30, 2016, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Adjudication Committee rendered a ruling dismissing the Plaintiff’s above claim on March 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 4, 6, 22, 23, and 29 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Examining the type and size of facilities to be installed in the application area of this case, the number of ships to be operated and the frequency of navigation, the area of navigation, etc., the Plaintiff shall install facilities for the vicarious performance of the license test in the application area of this case.