A marine transportation company and a power generation company (“Plaintiffs”) filed a lawsuit seeking the cancellation of imposition of mooring fees against the Incheon Port Authority (“Client”). The Plaintiffs alleged that the Client unlawfully imposed mooring fees for the use of water facilities that are classified as harbor facilities.

Representing the Client, we argued that the Client’s imposition of mooring fees was justified on the grounds that such mooring fees should be regarded not as charges for mooring activities, but as compensation for the occupation and use of the Client’s water facilities, indicating the legal nature of these fees.

The court accepted our arguments, dismissed the Plaintiffs’ claims, and ruled that the Client’s imposition of the mooring fees was lawful and justified.

There was no clear definition of mooring fees under the Harbor Act, nor had courts previously ruled on their substantive nature. In this regard, this case is significant, as the court made an unprecedented ruling regarding the legal nature and calculation criteria of mooring fees.