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All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. As to the application for permission to use harbor facilities in the defendant Pohang Port City and non-permission disposition
A. As to the allegation in the grounds of appeal that there is abuse of discretionary power, 1) The former Harbor Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter referred to as “harbor”) is the same.
Article 30(1) of the Harbor Act provides that a person who intends to use a harbor facility may use the harbor facility with permission from the Minister of Land, Transport and Maritime Affairs, and Article 30(2) of the same Act provides that the Minister of Land, Transport and Maritime Affairs shall grant permission if he/she receives an application for permission to use a harbor facility under paragraph (1) unless it obstructs the development plan and management and operation of the harbor. In light of the structure and form of the Harbor Act, the purpose of the use of the harbor facility, and the nature and type of the act of using the harbor facility, the court shall determine whether the application for permission to use the harbor facility satisfies the requirements for permission under Article 30(2) of the Harbor Act and determine whether the pertinent disposition is legitimate in light of the relevant conclusion after the fact-finding as to the requirements for permission under Article 30(2) of the Harbor Act and the interpretation and application of the relevant Acts and subordinate statutes. The determination of the legality of such disposition shall be made based on the actual state of the relevant Acts and subordinate statutes at the time of an administrative disposition (see, e.g., Supreme Court Decision 2002Du164, Jul.
① On June 27, 2006, an incorporated association was divided into 32,896 square meters in South-gu, Nam-gu, Nam-gu, a port owned by the Plaintiff in the country located within the port area of a coastal port, which is a coastal port (hereinafter “instant site”).