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(영문) 서울행정법원 2016.08.19 2015구합78366
감봉처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 16, 2004, the Plaintiff was first appointed as a technical Grade 10 secretary, and was on November 16, 201 through October 27, 2013 by the Ministry of Oceans and Fisheries’s regional maritime port offices B.

The Plaintiff, while working in the above B, was in charge of the license for marine passenger transportation services and modification of the business plan from June 2012.

B. On July 25, 201, 201, the Cheongcheon Shipping, which operated the scheduled coastal passenger transportation services on the Incheon- Jeju Sea route, applied for a revision to the maritime passenger transportation business plan with a gross tonnage of 5 to 6,00 tons and the number of passengers of 750 passengers, to the Incheon Regional Maritime Port and Port Authority (hereinafter “Incheon Port and Port Authority”).

On September 1, 2011, the head of Incheon Port Office determined that the average boarding and exploitation rate (import rate) at 26.94% when one of the vessels is increased on the Incheon- Jeju sea route based on the vessel specifications submitted by the Cheongban Shipping is 25% of the transport demand standard, and revised the maritime passenger transport service plan to the Cheongban Shipping on September 1, 201, under the condition that operating vessels and securing mooring facilities, etc. by August 31, 2012 within one year from the date of authorization.

(A) No. 5, hereinafter referred to as “instant conditional authorization”).

On August 14, 2012, 201, when the due date for the input of an increased vessel expires, the government filed an application with the Incheon Port Office for the extension of the due date for the submission of the condition that “it was scheduled to take over an increased vessel on July 14, 2012, but it delayed the receipt of an increased vessel due to the delay in the construction of a substitute vessel by the vessel selling company.”

(B) At the time, the Plaintiff, who was a public official of the Incheon Port Authority, submitted the following documents by August 31, 2012 with the approval of the superior, to review whether the delay in securing vessels was caused by an inevitable reason, etc.: (a) the process leading up to the implementation of securing vessels and the revised plan for marine passenger transportation services will be submitted until August 31, 2012; and (b) the above data will be submitted by the deadline without good cause.

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