토석채취허가신청반려처분취소
1. The Defendant’s disposition of rejecting applications for permission to collect earth and stones against the Plaintiffs on April 5, 2013 is revoked.
2...
1. Application for permission to collect the grounds for the disposition, details of permission to collect the earth or stone, and the area of the permitted period for permission shall be 55,131 54,199 63,582 for six years from the date of permission for collection of stone in the limit of 55,131 54,199;
A. On March 22, 2013, the Plaintiffs filed an application with the Defendant for permission to collect earth and stones (hereinafter “instant application”) with respect to 5,131 square meters of land 135,328 square meters (hereinafter “the instant forest”) outside Yongcheon-si, Young-si pursuant to Article 25(1) of the Management of Mountainous Districts Act as follows, pursuant to Article 25(1) of the same Act.
An application for permission for the collection of rocky stones is planned to remove waste rocks used for filling in the past at the time of recovery after the collection of earth and rocks, and natural rocks existing in the area subject to a new application for permission other than the previous permitted land. The above project plan is not subject to the permission for the collection of rocks under Article 25 (1) of the Management of Mountainous Districts Act, since the straight length of natural rocks, which are not artificially cut or crushed in mountainous districts, falls under the collection of rocks the longer length of which is not less than 18cc out of natural rocks, which are naturally cut or crushed into mountainous districts, are not subject to the permission for the collection of rocks under Article 28 (3) of the Mountainous Districts Management Act and Article 38 (1) of the Enforcement Decree of the same Act, since it constitutes natural rocks under Article 25 (1) of the Mountainous Districts Management Act.
B. On April 8, 2013, the Defendant asked on whether it is subject to permission to collect earth and stones under Article 25 of the Management of Mountainous Districts Act, along with a business plan submitted at the time of the instant application to the Mayor/Do Governor, and the Do Governor of Mountainous Districts replyed as follows on the 22th of the same month, and on April 25, 2013, the Defendant notified the Plaintiffs of the return of the instant application due to the same cause (hereinafter “instant disposition”).
C. The Plaintiffs appealed and filed an administrative appeal, but the Gyeong-do Administrative Appeals Commission dismissed the request on September 30, 2013.