The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Ground of appeal No. 1 and ground of appeal No. 2 as to violation of the good faith principle

A. Article 9(1) of the former Public Waters Management Act (amended by Article 2 of the Addenda to the Public Waters Management and Reclamation Act, effective October 16, 2010; hereinafter the same shall apply) and Article 13(1) of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”) provide that where a public waters management authority grants permission to occupy and use public waters, or consults or approves such permission, it shall collect occupancy or use fees from a person who has obtained such permission to occupy and use public waters, as prescribed by the Presidential Decree.

The term “use and use of public waters” refers to the so-called special use of public waters in a tangible and fixed manner, separate from general use (see, e.g., Supreme Court Decision 2002Da68485, Oct. 15, 2004). The term “use and use of public waters” refers to the exclusive right to use public waters in a specific part among public waters.

(See Supreme Court Decision 2002Du5016 Decided May 28, 2004, etc.). In consideration of such exclusive rights, the aforementioned statutory provisions stipulate that user fees shall be collected from a person who has obtained permission, etc. for occupancy and use, but do not stipulate that user fees shall be actually collected from a person who has obtained permission, etc. for occupancy and use.

Therefore, insofar as it is recognized that a person obtained such exclusive right by obtaining permission for occupation and use of public waters, the said person is obligated to pay occupancy and use fees regardless of whether he/she actually occupies and uses public waters (see, e.g., Supreme Court Decision 94Nu2657, Sept. 9, 1994). Furthermore, according to Article 40(1)7 of the former Act on the Special Cases Concerning the Special Economic Zone for Special Economic Zones (amended by Act No. 9763, Jun. 9, 2009; hereinafter “Local Special Zone Act”).