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(영문) 서울행정법원 2013.06.28 2013구합4989

탐사권설정출원불허가처분취소

Text

1. On November 9, 201, the defendant revoked the disposition of non-permission to explore (application number B) against the plaintiff on November 9, 201.

2...

Reasons

1. Details of the disposition;

A. On April 4, 2011, when citing individual provisions to the Defendant, the Plaintiff filed an application with the Defendant for the establishment of the exploration right by making gold and silver as the target mineral in accordance with Article 15 of the former Mining Industry Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply, “Act”; the Enforcement Decree and the Enforcement Rule thereof, respectively, as well as Article 15 of the Enforcement Decree and the Enforcement Rule thereof, respectively (hereinafter “Enforcement Rule”).

(Application Number B, hereinafter referred to as “instant application”). (b)

On July 18, 2011, in order to examine whether mining of minerals in an area for which application was made causes harm to the public interest, the defendant requested consultation at the time of Jeollabuk-do, Chungcheongnam-do, Cheongju-gun, and Seosan, which is the competent administrative agency, and as a result, the same year.

7.21. From 21. to the same year.

8. Until November, 198, there was a reply that the establishment of mining rights should be restricted for conservation of the natural environment since the application area is located in D Do parks.

C. On October 24, 2011, the Defendant submitted a mining evaluation report (hereinafter “mining evaluation report”) to the Plaintiff, and subsequently requested consultation with the Jeollabuk-do to Jeollabuk-do. As a result, on October 31 and November 7 of the same year, the Defendant was also required to limit the establishment of mining rights for the same reason.

On November 9, 2011, the defendant agreed to the establishment of mining rights and rejected the application of this case pursuant to Article 24(1) of the Act in park areas where the application area is a public interest area.

(hereinafter “instant disposition”) e.

Accordingly, the Plaintiff filed an objection in accordance with Article 90 of the Act, but the Minister of Knowledge Economy, on November 27, 2012, opposed to the establishment of exploration rights in the process of public interest consultation, and the area for which the application is filed shall be the scale and dignity of the mineral body as set forth in the attached Table of the Rules on Handling of Minerals in the Gu's Park Area (amended by Ordinance of the Ministry of Environment No. 459, Jun. 14, 2012; hereinafter "Office Rules").

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