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(영문) 춘천지방법원 2017.10.27 2017구합50155
하천점용허가 목적변경신청 반려처분취소
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 is a person who operates water-related leisure business in the name of “E” at the place where the Plaintiff obtained permission from the Defendant for occupation and use of a excursion ship wharf from the Defendant as follows:

The purpose of the permission to occupy and use the plaintiff - the excursion ship wharf and the ship operation area (six power-driven ships) - the excursion ship wharf facilities: one motor vehicle: six power-driven ships (six tons or less per motor boat/ship (water-related leisure ships).

B. On September 20, 2016, the Plaintiff filed an application for permission for change of permission to occupy and use a water source water leisure craft testing agency and exempted educational institution under the Water-Related Leisure Activities Safety Act to permit the Defendant to add “a license test site and exempted education center” to the purpose of the above permission for occupation and use of rivers (hereinafter “instant application”).

C. On November 8, 2016, the Defendant rendered a disposition rejecting the Plaintiff’s instant application on the ground that “the Plaintiff did not attach a written consent of nearby vested river users or interested parties, despite the Plaintiff’s notification of supplementation more than three times” (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there was no dispute, Gap’s 1 through 9, and Eul’s 2 (including spot numbers, if any); hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1 is that only the purpose of the existing excursion ship wharf is changed; adjustment license test site and exempted education center are scheduled to be established in F in the place where “E” is located; there is no other water-related leisure business place in that direction; adjustment license test site and exempted education center are installed in the area where three fixed parts are located, and there is no other water-related leisure business place in that direction, and the risk of accidents increases or use of existing water-related leisure crafts.

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