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(영문) 창원지방법원 2019.05.09 2018구합52721
어업면허불허처분취소
Text

1. The Defendant’s disposition not to grant a fishery license to the Plaintiff on June 26, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. The Plaintiff is a person who has obtained a fishing license for the South Sea Zone B line in the area of fishing ground, and the license period from November 9, 2012 to November 8, 202.

개발계획 신청구분 : 신규개발 2017/2018년도 어장이용개발계획 반영요청 내용 ▷ 어업의 종류 : 패류양식어업 ▷ 개발희망 위치 : 남해군 D지선 ▷ 개발희망 면적 : 15.1ha ▷ 채포물의 종류 : 새꼬막 신청사유 : 남해정치 C(15.1ha) 정치망어업을 포기하고 양식어업으로 개발

B. On February 22, 2017, the Plaintiff submitted to the Defendant a written request for reflection of the fishing ground development plan in 2017/2018 (hereinafter “instant request for reflection”); on March 30, 2017, the Defendant filed an application for approval of the fishing ground development plan in 2017/2018, including the instant request for reflection with the Mayor/Do Governor.

I. Terms and Conditions of Approval (Common)

(a) If any condition, etc. is attached at the time of consultation or approval with the relevant agency under relevant Acts and subordinate statutes, such conditions shall be complied with as may be necessary, and no fishery license shall be issued for waters on which no consultation or approval has been obtained from the agency concerned or which has been

(b) If it is necessary for the State or local government to restrict a fishery license even on the waters approved, or if it is impracticable to grant a fishery license due to changes in circumstances, etc., such disposition shall not

(b)

(d) A fishery license shall be issued after checking the completion of cleaning of fishing grounds, such as removal of fishing nets and waste fishing gear, with respect to the existing fishing grounds and fishing grounds to be developed when new regenerating and development is conducted;

(b)

(f)a licence disposition on the authorized development waters shall be taken in accordance with the relevant provisions, such as the fishing ground area and water surface limits and the distance between fishing grounds, on the basis of the results of the decision of priority holder.

(b)

(j) License for fishery business shall be disposed of in compliance with relevant Acts and subordinate statutes, such as the Fisheries Act.

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