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(영문) 인천지방법원 2019.02.21 2018구합52154
항만공사 시행고시 등 취소
Text

1. The part of the claim for revocation of the public announcement of the execution of harbor works among the lawsuits of the plaintiff A (attached Form 1), B, C, D, E, F, and G.

Reasons

1. On January 16, 2018, the Defendant announced that “improvement of the quality of life of local residents due to the improvement of the residential environment through the creation and reclamation of speculation sites for dredging soil generated from the Incheon Northern port” for the purpose of improving the quality of life of local residents shall be implemented at Jung-gu and Dong AP public waters for 36 months from the commencement date of the construction period (hereinafter “instant harbor construction”) at the Jung-gu Incheon District Regional Maritime Affairs and Fisheries Office in accordance with Article 9(8) of the Harbor Act (hereinafter “instant public announcement”), and on the same day, the Defendant publicly announced the establishment of the instant harbor construction implementation plan to AO of the Incheon Regional Maritime Affairs and Fisheries Office in accordance with Article 10(1) of the Harbor Act (hereinafter “instant public announcement”).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Article 9(3) of the Harbor Act should be applied to the case where the Defendant’s assertion that the Defendant intends to implement a harbor project with the permission of execution of the harbor project. The Defendant’s instant harbor project violates Article 9(3)1 and 2 of the Harbor Act, since the basic design and the working design are commenced before the construction plan is included in the basic harbor plan and there is no need for the harbor project on the management and operation of the harbor. Thus, the instant notification is unlawful.

The Defendant conducted an environmental impact assessment on the instant harbor works, and did not properly supplement the written request to supplement the construction necessity of dredging soil site as numerical data in relation to land use by the Han River basin basin environmental management office. Therefore, the instant public notice was unlawful since it was erroneous in the process of making the public notice.

3. Determination on this safety defense

A. The Defendant’s notice and public notice of this case’s main defense do not constitute an administrative disposition that is subject to appeal litigation, and the Plaintiffs are the Plaintiffs.

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