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(영문) 창원지방법원 2012.08.16 2012구합599
해상여객운송사업면허신청불허처분취소
Text

1. On January 3, 2012, the Defendant’s rejection of an application for a license for marine passenger transport services rendered against the Plaintiff shall be revoked.

2...

Reasons

On December 5, 2011, the Plaintiff filed an application with the Defendant for a license for regular coastal passenger transportation services (hereinafter referred to as the “instant application”) to operate the route from a terminal of general coastal passenger ships to the Do of funeral (hereinafter referred to as the “instant route”) via the altitude and death.

The mooring facilities of funeraldo, the final port of the instant route, are 795 square meters at the entrance of the Republic of Korea (Ministry of Environment), the landing place in the entrance owned by the Republic of Korea, 958 square meters at the entrance of the port owned by the head of Si/Gun/Gu, and the floating bridge (the Funeraldo Sea Park of the Co., Ltd. (hereinafter “Funeraldo Park”) connected to the said landing place.

) This is composed of two parts (hereinafter “instant landing”) and as of June 22, 201, the instant landing site is classified as a excursion ship wharf (No. 2011-102 of the Ministry of Environment Notice) under the Korea Coastal National Park Planning (Korea Coastal National Park Planning). The purpose of the permission for occupation and use of public waters at the time of the establishment of the said landing site was “establishment of a floating bridge for a floating bridge.”

The instant landing site was used and managed by the Do Funeral Park, the owner of the Do Funeral Park, the Korea Sea Park, with the permission for the use of the lease contract and public property, and the Plaintiff obtained the consent for the entrance of the vessel and the use of the Do Funeral Park from the Do Funeral Park.

On January 3, 2012, the Defendant rendered the instant application on January 3, 2012, the instant disposition of denial of license (hereinafter “instant disposition”) on the ground that: (a) funeral service, the final destination of the instant service route, was determined and publicly announced as the Korea Sea National Park under the Natural Parks Act; (b) vessel mooring facilities (two floating bridges) scheduled to be used by the Plaintiff were determined and publicly announced as the excursion ship wharf; and (c) passenger ships could not enter into a port upon obtaining permission to occupy and use public waters for the purpose of berthing a floating line from a Tong-si, a management agency of public waters; and (b) it is impossible to use park facilities, such as water gynasium and plant site, such as passenger ships, or install additional passenger ship be installed, such as a floating bridge (hereinafter “instant disposition”).

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