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(영문) 부산지방법원 2016.07.14 2016고정1330

골재채취법위반

Text

The defendant shall be innocent.

Reasons

1. A person who intends to screen or clean aggregate exceeding the scale prescribed by Presidential Decree of the summary of the facts charged in the instant case shall report thereon to the competent authority, and if a person who has reported the extraction of aggregate intends to change the reported details, he/she shall report such change to the competent authority, and shall not screen or clean aggregate without filing a report on such change;

Nevertheless, the Defendant selected and clean aggregate (marine sand) from 115, YY-gu, Busan, Seo-gu, 405, on December 14, 2015, without filing a report on change even after the completion date of the production period originally reported by I, a corporation, the representative director of which was the Defendant.

2. According to the records of this case, a corporation: (a) filed a lawsuit seeking revocation of the above disposition against the head of Y-gu Office of Busan, the competent authority on November 18, 2015; (b) filed a report on the modification of the content that the production period of the business of screening and collecting marine aggregate is extended from December 1, 2015 to November 30, 2017; (c) the head of Y-gu shall return the above report on the modification on December 2, 2015; and (d) as the Busan District Court Decision 25141, 2016, 2079, 2016, and 15, the head of Y-gu Office of 2015, the aforementioned decision was revoked on May 20, 2016, the head of Y-gu office of 201, the head of Y-gu office of 201, the head of Y-gu office of 201,215.

According to the above facts of recognition, the disposition by the head of the Gu, which rejected the defendant's report of change on November 18, 2015, is made by an administrative decision.