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(영문) 울산지방법원 2019.01.10 2017구합5670
공유수면 점용 사용 신고서 수리처분 등 취소 청구의 소
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

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

Reasons

1. Basic facts

A. Defendant M applied for approval of an implementation plan for electric source development business (hereinafter “implementation plan”) to the Minister of Trade, Industry and Energy pursuant to Article 5 of the Electric Power Source Development Promotion Act in order to implement the N construction project (hereinafter “instant project”) in the Ulsan-gun, Ulsan-gun, Ulsan-gun.

B. On October 2012, the Minister of Trade, Industry and Energy requested the Ulsan Metropolitan City Mayor to present his/her opinion on an implementation plan pursuant to Article 5(4) of the Electric Power Source Development Promotion Act, and the Ulsan Metropolitan City Mayor around October 16, 2012 shall be the head of the Si/Gun having jurisdiction over the instant project area [the Public Waters Management Act (hereinafter “Public Waters Management Act”) on the sea area of the instant project area.

) A request was made to submit an opinion on an implementation plan to the management agency of public waters under Article 4.

C. At the time of obtaining approval of an execution plan pursuant to Article 5 of the Electric Source Development Promotion Act, an electric source developer is deemed to have obtained permission to occupy and use public waters under Article 8 of the Public Waters Management Act, and Article 12 of the Public Waters Management Act and Article 12(1) of the Enforcement Decree of the same Act provide that in order to obtain permission to occupy and use public waters, an electric source developer shall obtain consent from the person who has the right to suffer damage due to the occupancy and use permission (such as a fisher, a fishery license holder, a person who has obtained a fishery business license, and a person who has obtained a fishery business license in a demarcated zone under the Fisheries Act). However, the head of Ulsan Metropolitan City on November 16, 2012, the head of Ulsan Metropolitan City Mayor submitted his opinion that “The underwater water intake area that the Defendant M is expected to be installed in the marine area of the instant business area is subject to permission pursuant to the Public Waters Management Act, so the relevant public waters (hereinafter “the instant public waters”).

The Minister of Trade, Industry and Energy shall issue this case to the Public Notice of the Ministry of Trade, Industry and Energy on January 29, 2014.

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