토석채취허가 불허처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts following the facts are either in dispute between the parties or in full view of Gap evidence Nos. 1 and 2, Gap evidence No. 4-1, and Eul evidence No. 3, the whole purport of the pleadings.
A. The Plaintiff is a company that operates civil engineering works and related incidental business.
On June 30, 2020, the Plaintiff filed an application with the Defendant for permission to collect soil and stones with the content of collecting soil and stones from 20,850 square meters (24,341 square meters of land and stones collection site, 3,522 square meters of buffer area, hereinafter “the instant application site”) among 24,341 square meters of forest land and fields in Incheon Cheongjin-gun, Incheon, as permission for the supply of stone in relation to B projects promoted by the Incheon Regional Fisheries Office (hereinafter “the instant application site”).
B. On July 8, 2020, the Administrator of the Incheon Regional Fisheries Administration sent a public notice to the Defendant stating that he/she actively cooperates in the Plaintiff’s application for permission to collect earth and rocks, specifying the location and area of the area where earth and rocks are collected, kinds of earth and rocks, volume of earth and rocks collected, and period for collecting earth and rocks, etc., in order to prevent illegal fishing operations of Chinese fishing vessels and to build a sea-wise base for strengthening territorial sea management in accordance with the State’s Maritime Port Plan.
(c)
On July 23, 2020, under Articles 25-3 and 28 of the Mountainous Districts Management Act, and Articles 32-3 and 36 of the Enforcement Decree of the same Act, the Defendant rendered a disposition of denying an application for permission for gathering earth and rocks (hereinafter “instant disposition”) for the following reasons.
The average gradient, except for the section that does not have a plan to collect earth and rocks, is located within 100 meters from the Gun map (D) that has filed an application for damage to neighboring residents due to a uniform plan to collect earth and rocks, disregarding the existing natural topography, is inappropriate for the application area of at least 20,850 square meters (at least 50,000 square meters) with the area applied for collection of earth and rocks that is inappropriate for the gradient standard (hereinafter 35∑).
D. The Plaintiff is dissatisfied with the instant disposition.