The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Prior to the amendment by Act No. 8628 of August 3, 2007 of the former Harbor Act

(2) The term “harbor prior to the amendment” means “harbor prior to the amendment.”

Article 9(2) main text of Article 9(2) provides that “When a non-management authority intends to implement a harbor project, it shall prepare a plan for the harbor project and obtain permission from the management authority, as prescribed by Presidential Decree.” However, there was no provision on the criteria for permission prior to the amendment of the Harbor Act and its Enforcement Decree. As the former Harbor Act was amended by Act No. 8628, Aug. 3, 2007, the main text of Article 9(2) provides that “the management authority shall not violate the basic harbor plan, etc. under paragraph (2), i.e., the non-management authority’s plan for the harbor project under paragraph (2) that intends to obtain permission shall not violate the basic harbor plan, etc. (Article 9(3) provides that “if the non-management authority satisfies all the requirements for the implementation of the harbor project (Article 9(3) 3), it shall grant permission.” The requirements under each subparagraph of Article 9(3) are wholly prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs’s guidelines for permission for the implementation of the Harbor Corporation.

The Harbor Act was amended by Act No. 9763 on June 9, 2009. The main text of Article 9(2) provides that "where a non-management authority intends to implement a harbor project, it shall prepare a harbor project plan and obtain permission from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree," and Article 9(3) provides that "the non-management authority that intends to obtain permission to implement a harbor project pursuant to paragraph (2) shall