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(영문) 대전고등법원 2018.01.25 2017누13453
어업면허처분취소의 소
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the couple between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if all the evidence submitted in the court of first instance and the court of

Therefore, the court's explanation on the instant case is consistent with the reasoning of the first instance court's decision, except for the following Paragraph (2) and adding the judgment under Paragraph (3) above. As such, the court's explanation on the instant case is consistent with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Part III Nos. 11-13 of the part of the appeal Nos. 3, 11-13, “this case’s disposition is no longer against the Plaintiff, so long as the disposition of this case is in force, it is difficult to view that there is no interest in legal action to dispute the disposition of this case against the Plaintiff merely because the above circumstance alleged by the Defendant is in force, and the Defendant’s principal safety defense itself does not in itself be justified.” The Defendant further determined that the relevant Acts and subordinate statutes are replaced by the relevant Acts and subordinate statutes of this judgment. The Defendant was the representative of the K Fisheries Partnership, a representative of the Intervenor from 2009 to October 10, 201, and the K Fisheries Partnership was the representative of the K Fisheries Partnership, which entered into the instant business agreement, and thus, at the time of the instant disposition, M constitutes “a person who operates the same kind of fishery business as the one applied for five years prior to the date of application,” and thus, it is lawful to grant the order of priority to the Intervenor who is entitled to the above M.

As long as the Fisheries Act on the priority order of fishing licenses does not expressly stipulate that the qualification or career of the representative of a corporation is recognized as the qualification or career of the corporation itself, the order of priority of fishing licenses to the intervenor shall be determined on the basis of the participant's qualification experience as the representative.

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