A. On January 7, 2009, the Plaintiff obtained a permit from the Defendant to collect earth and rocks with respect to the area of 72,962 square meters (hereinafter “instant permit site”) outside Nam-gu, Nam-gu, and six parcels (hereinafter “instant permit site”) from January 7, 2010 to January 6, 2015. On June 22, 2015, the Plaintiff obtained a permit to collect earth and rocks with respect to the initial permission period from January 7, 2010 to December 31, 2019. A permit to alter the collection of earth and rocks with the initial permission period from January 7, 2010 to December 31, 2019. On May 2016, the Plaintiff changed the use of the collection of earth and rocks from “civil and fine aggregate” to “civil and fine aggregate.

B. On December 12, 2019, in order to collect remaining earth and rocks, the Plaintiff extended the period of permission to the Defendant from January 7, 2010 to December 31, 2021, and applied for permission to alter the collection of earth and rocks from 1,351,041 cubic meters to 1,656,193 cubic meters (hereinafter “instant application”). On January 16, 2020, the Defendant issued a disposition rejecting the application to the Plaintiff on the following grounds:

1) According to Article 24(1) of the Enforcement Rule of the Management of Mountainous Districts Act, access roads should be secured at the time of permission for the collection of earth and rocks (revision) but it is necessary to include damage prevention plans due to environmental damage, such as scattering dust outflow noise, etc., pursuant to Article 36(1) of the Enforcement Decree of the Management of Mountainous Districts Act (2) but the plan for prevention of damage due to environmental damage, such as dust outflow noise, etc., should be included at the time of port incorporated into access roads. However, in the event of blasting, (c) powders due to noise and vibration, and (d) countermeasures against collapse of neighboring houses due to noise and vibration and H reservoir collapse due to occasional operation of large vehicles, the contents of the project plan should be specific and reasonable pursuant to Article 36(1) of the Enforcement Decree of the Management of Mountainous Districts Act (3) of the Management of Mountainous Districts Act). However, permission has been obtained for the first purpose of cutting soil and rocks.