채굴계획인가 신청 불인가처분
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who has a mining right in the mining area (C 280ha, mining registration number D) located in the Dongwon-si counter B of Changwon-si as follows.
On November 15, 201, 201, the date of registration of mining concessions duration and other matters by mineral type in the area of the area of the mining site at the place of receipt, E on November 15, 201, the gold mine in the whole C-Eup of Changwon-si counter B shall be from November 16, 201, 280 to November 15, 2031 - shall not interfere with the implementation of public works, such as conditional-F projects, and shall not file any objection, such as the request for compensation and the exercise of mining rights concerning mineral extraction and acquisition. < Amended by Presidential Decree No. 23283, Nov. 15, 2011>
On August 4, 2014, the Plaintiff filed an application with the Defendant for authorization for the extraction plan stating that gold and silver mines are mined in the said mining area (hereinafter “instant application”), and filed an application for temporary use of a pit site and a mix for a 837 square meter out of 3,273 square meters of G forest land located in the said mining area for the development of the mine, and filed a temporary use report for the purpose of using the 168 square meters of G forest and 168 square meters of H forest and 1,983 square meters of land as a access road for the purpose of using it as a access road.
C. On August 7, 2014, the Defendant requested consultation on temporary use permission, temporary use report, etc., which is a matter of permission granted to the Changwon City Mayor pursuant to Article 43(1) of the Mining Industry Act. On October 21, 2014, the Changwon Mayor presented an opinion of non-consultation on the ground that it is impossible to permit acts under relevant Acts and subordinate statutes.
On October 27, 2014, the Defendant notified the disposition not to grant authorization for the instant application for the following reasons.
(hereinafter referred to as “instant disposition”) and the individual grounds for disposition are as follows: (a) . (b) . (c) . (d) respectively.
The application for extraction of a building in a development restriction zone is located within the development restriction zone and is located within 2 kilometers from the Southern Sea Highway, and it is related to the designation and management of the development restriction zone.