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(영문) 전주지방법원 2018.07.04 2017구합2384

영업정지처분취소

Text

1. On September 29, 2017, the Defendant issued a disposition of business suspension for six months against the Plaintiff (from September 30, 2017 to March 29, 2018).

Reasons

1. Details of the disposition;

A. On April 18, 2016, the Plaintiff is a company that runs mining business and aggregate extraction business (from December 18, 2014 to December 31, 2019) with permission to collect earth and stones under Article 25(1) of the Management of Mountainous Districts Act (hereinafter referred to as “permission to collect the instant farmland”) in Nam-si B, C, D, and E (hereinafter referred to as “the instant extraction site”) after registering the aggregate extraction business (forest extraction business, aggregate selection business, and crushing business) under Article 14 of the Aggregate Extraction Act.

B. On March 8, 2017, the Defendant: (a) obtained permission to temporarily use the instant mountainous district under Article 15-2(1) and (3) of the Mountainous Districts Management Act (from July 2010 to December 3, 2019; hereinafter “the first permission to change”); (b) obtained permission to temporarily use the instant mountainous district collection site and Namwon-si F and G (hereinafter “the instant permission to change”) with respect to the instant mountainous district (hereinafter “the instant permission to change”) from July 2010 to December 31, 2019; and (c) obtained permission to temporarily use the instant mountainous district (the instant permission to change the mountainous district”) with respect to the instant mountainous district collection site and Namwon-si (hereinafter “the instant permission to change”) on June 9, 2017.

C. The Plaintiff obtained permission to temporarily use farmland for other purposes under Article 36 of the Farmland Act, Article 41 of the Enforcement Decree of the Farmland Act, and Article 20(2) of the Building Act (the period of permission from December 27, 2013 to June 9, 2019; hereinafter “instant temporary use permission”) for the use of structures and temporary buildings for screening and crushing of aggregate with respect to Namwon-si H and I.

On September 27, 2017, the Defendant sent to the Plaintiff a letter of the title “Guidance on Suspension of Work for Screening and Scrapping Aggregates” (hereinafter “instant letter”) which reads “Guidance on Suspension of Work for Screening and Scrapping Aggregates,” and the content is as follows:

C A

E. On September 29, 2017, the Defendant: (a) stated that the Plaintiff did not file a report on screening, washing, or crushing of aggregate under Article 19(1)11 of the Aggregate Extraction Act (hereinafter “report on screening aggregate”) with the Plaintiff; and (b) stated that the instant case does not exceed six months under Article 24 of the Enforcement Decree of the Aggregate Extraction Act (from September 30, 2017 to March 29, 2018).