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(영문) 부산고등법원(창원) 2013.07.25 2012누1719
해상여객운송사업면허신청불허처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On December 5, 2011, the Plaintiff filed an application with the Defendant for a license for regular coastal passenger transport services (hereinafter “instant application”) to operate a route from a terminal of a common coastal passenger to the Do of Do of Do of Do of Do of Do of Do of Do of Do of Soyoung-si (hereinafter “instant route”).

B. With respect to the instant application on January 3, 2012, the Defendant: (a) was determined and publicly announced as the Korea Sea National Park under the Natural Parks Act; (b) the vessel mooring facilities (two floating bridges) to be used by the Plaintiff with the consent of the owner of the instant sea route was determined and publicly announced as the excursion ship wharf; (c) the vessel mooring facilities (two floating bridges) to be used by the Plaintiff with the consent of the owner of the said sea route was not allowed to enter into a passenger ship with the permission to occupy and use public waters for the purpose of a floating line landing; and (b) it is impossible for the Defendant to use a passenger ship, such as a water nursery, plant site (including public waters), etc. in a funeraldo, or to install a passenger vessel landing facilities, such as additional floating bridges, etc.; (d) thus, the instant application was rejected on the ground that it

(hereinafter referred to as “instant disposition”). 【The grounds for recognition of the instant disposition】 Each entry, video, and the purport of the entire pleadings in the evidence Nos. 1, 2, 4, 5, and 1 (including paper numbers; hereinafter the same shall apply)

2. Whether the application for intervention is lawful, and whether the appeal is valid;

A. Whether the Plaintiff’s motion for intervention is legitimate

) Funeraldo and Sea Park Co., Ltd. (hereinafter referred to as “State Funeraldo and Park”).

A) The agreement on the admission of funeral services with the State, and ( even if the State Funeraldo Park consented to the admission of funeral services from the State Funeraldo Park, such circumstance alone cannot be said to secure the exclusive right to operate services on the routes up to the funeraldo in this Decree, and even if the same route is operated, the purpose, purpose, and function of the agreement are different.

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