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(영문) 전주지방법원군산지원 2016.09.23 2016가합10126
부작위 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. “A” is a name that combines music, such as E, F, G, H, I, J, K, and L, which is one of the titles, namely, E, F, G, H, I, J, K, and L, which have been working in the following areas:

On June 30, 1973, the Governor of Jeollabuk-do designated A as the Jeju-do intangible cultural heritage D and recognized B as the holder of the network M after the death of the network M, but revoked the designation of A intangible cultural heritage on June 12, 2005.

Since then, N, the representative of the Plaintiff, established the Plaintiff for the purpose of preserving and succeeding the “A” and endeavored to restore A, etc., and the Governor of Jeollabuk-do again designated A as the intangible cultural heritage D around April 27, 2012 and recognized the Plaintiff as a group holding the Plaintiff as the Plaintiff’s intangible cultural heritage D.

B. The Defendants were members of the Plaintiff, and Defendant B received training from the Plaintiff from around one year from around 2013 to around one year.

C. On April 27, 2015, the Plaintiff, which was held on April 27, 2015, ordered the Defendants from its member, on the ground that “Defendant B was injured by the Plaintiff, such as: (a) having been engaged in the Plaintiff’s conduct despite being not a person having completed the Plaintiff; (b) having received education for the general public and his neighbors; or (c) having received the Plaintiff’s name by wrong singing; and (c) having an impact on Defendant B’s status as a public official belonging to the Dosan-si, having been given benefits in the supervision and support performance; and (d) having left the status and honor of intangible cultural heritage of the Plaintiff and A.”

Even after being expelled by the Plaintiff, Defendant B trained A, etc., or performed a public performance in the O athletic events and singing music meetings held on September 28, 2015, and the P Festival held on October 2015, which was held on September 28, 2015.

E. Article 1 (Purpose) of the former Cultural Heritage Protection Act (amended by Act No. 13249, Mar. 27, 2015; hereinafter the same) of the same Act (amended by Act No. 13249, Mar. 27, 2015; hereinafter the same) provides that the cultural improvement of the people shall be promoted by

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