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(영문) 서울행정법원 2015.02.06 2014구합10851
하천점용허가신청불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is an incorporated association with the purpose of developing and distributing promotional programs for promotional sports.

On April 24, 2013, the Plaintiff filed an application for permission for occupation and use of rivers with the Defendant to establish a suspended landing place at the lower part of the Seongdong-gu Seoul Metropolitan Government 86 Dynam-dong 86 Dynam-dong Do.

The Defendant rendered a disposition of denying the Plaintiff’s application on the ground that “new permission for Han River Water Facilities is restricted to prevent the construction of facilities and to manage rivers, and, if necessary, to select an operator through open recruitment by comprehensively taking into account water control, ecological environment, etc., and there is no plan for the current place of mediation and no permission for occupancy and use of rivers is available for the Plaintiff.”

(hereinafter “instant disposition”). The Plaintiff filed an administrative appeal against it, but the Seoul Special Metropolitan City Administrative Appeals Commission rendered a decision to dismiss the Plaintiff’s claim on February 24, 2014.

【In light of the fact that there has been no dispute, Gap 2, 3, 4, Eul evidence No. 1, and the purport of the entire pleading and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion that the disposition of this case is legitimate is "the plan for the use of Han River Water" published in around 1988 by the Seoul Special Metropolitan City (hereinafter "the defendant's side"), the defendant planned to add a mediation letter in addition to the existing mediation letter in the vicinity of the Dongjak River Zone, and the defendant's side is defined as follows. The terms used in this Act are defined as follows.

1. The term "water-related leisure activities" means activities performed for hobbies, recreation, physical exercise, education, etc. using water leisure crafts on the water;

Unlike the actual purpose of use, the terms used in this Act for water facilities, etc. for excursion ships/ferries shall be defined as follows:

3. The terms "excursion ship wharf" and "ferry wharf" mean such wharf;

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