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(영문) 대전고등법원 2020.08.13 2019누17
재결처분에 대한 이의
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 current status of the instant vessel and the naval port wharf B (hereinafter “instant vessel”)

(2) On February 1, 1992, the ship’s total tonnage is 314 tons (45.00 meters in length, 14.00 meters in width, 3.00 meters in depth) and is used for construction works. The ship’s owner, who is the ship of this case, was mainly used for transporting construction materials, and when not used, the ship’s owner is the ship’s 49-2 in a military port located within the military port located within the military port located within the 49-2 area, YU-U.S., Sinsan-si (hereinafter referred to as “domestic port water tank”).

2) At least 300 tons of barges and approximately 10 tons of barges can be moored. 2) The inland water storage area was commonly used as mooring facilities such as barge from the 1930s with length of approximately 200 meters.

Around 2011, the Maritime Affairs and Fisheries Office (hereinafter referred to as the "Military Sea Office") established the mooring line line of the inland ports at the inland ports by strengthening the convenience and safety of the inland ports.

The height of the protection of an anti-aircraft shall be 7.38m to 7.8m from the basic surface, and the sea water shall be inundationed for about 3 to 4 days at the high tide of the field, such as the field, the white dust, and the white dust during the year.

3) The Maritime Affairs and Fisheries Office impose monthly fees on the vessel located within the boundaries of the mooring facilities of the inland ports, and does not carry out an inspection of the actual conditions of the port facilities on the inland ports (two times a year) and an inspection of the abandoned vessel (four times a year), but did not carry out reinforcement of the facilities for the safety of the vessel or provide guidance or guidance on the inundation in preparation for inundation.

B. On September 19, 2016, the instant vessel: (a) 16:46 meters high from the water level in the area of a military mountain port; (b) 7.77 meters; (c) the instant vessel was aground from the heading into the inner water tank; and (d) when sled at around 21:30 of the same day, the mooring line was cut, marked to the northwest of the gold-do in the East west of the East west.

On September 20, 2019, the following day of the instant vessel was 01:40 square meters high.

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