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(영문) 대구고등법원 2015.11.20 2015누4021
해상여객운송사업면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged by the plaintiff in the trial while filing an appeal by the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion even if all of the evidence submitted by the court of first instance and the statements in Gap evidence of 15 to 21 (including each number) submitted by the court of first instance are examined, it is justified.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for adding the judgment as stipulated in Paragraph 2 below with regard to the grounds for which part of the case is dismissed or for which the Plaintiff claims to be particularly emphasized, and therefore, it is identical to the reasoning for the judgment of the first instance. As such, this Court cited it as it is in accordance with Article 8(2) of the Administrative Litigation

The second column of the judgment of the court of first instance is to read “Maritime Transportation Act” as “former Marine Transportation Act (wholly amended by Act No. 13002, Jan. 6, 2015; hereinafter “Maritime Transportation Act”).

The "G" between the first to the second to the second to the "F" of the judgment of the first instance.

The 6th court's decision of the first instance court is that the 6th court's decision "non-compliance with" did not comply.

The second sentence of the judgment of the first instance court is the "K" as the "H".

The "Public Notice on Coastal Shipping prescribed by the Enforcement Rules of the Marine Transportation Act" between the fourth heat reduction in the 8th court's decision, shall be read as the "Public Notice on Coastal Shipping prescribed by the Enforcement Rules of the Marine Transportation Act (Notice No. 2014-38 of the Ministry of Oceans and Fisheries)".

Of the attached Form 1 of the judgment of the first instance court, the "Maritime Transportation Act" in the third sentence of the 12th is deemed to be the "former Marine Transportation Act (wholly amended by Act No. 13002, Jan. 6, 2015)", and the "Public Notice on Coastwise Shipping prescribed by the Enforcement Rule of the Marine Transportation Act" in the 15th sentence shall be deemed to be the "Public Notice on Coastwise Shipping prescribed by the Enforcement Rule of the Marine Transportation Act (Public Notice No. 2014-38 of the Ministry of Oceans and Fisheries)" respectively.

2. Added.

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