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(영문) 춘천지방법원강릉지원 2020.04.23 2019구합30684

골재채취허가신청 불허처분 취소 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 12, 2019, the Plaintiff filed an application with the Defendant for permission to extract aggregate on B and seven parcels of land outside the East Sea as follows.

(2) A person who intends to obtain permission to collect aggregate from a person who intends to obtain permission to obtain permission to collect aggregate from a person who has obtained permission to obtain permission to obtain permission to collect aggregate from a person who has obtained permission to obtain permission to obtain permission to obtain permission to collect aggregate from a person who has obtained permission to obtain permission to obtain permission to obtain permission to obtain permission to collect aggregate from a person who has obtained permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission to obtain permission

B. On July 9, 2019, the Defendant rejected the instant application for the following reasons.

(hereinafter “instant disposition”). On June 12, 2019, from your company on June 12, 2019, the application documents were examined pursuant to Article 12(2) of the Enforcement Rule of the Aggregate Extraction Act (applications, etc. for permission to extract aggregate) and the following are to be supplemented. A.

The detailed plan for the removal of aggregate (the route of removal, the quantity of removal, etc.)

(b) Supplementary plan for entry roads (the period of permission differs from the period of permission when entering the place for collecting aggregate and the period of permission are used, so separate securing for entry roads or use after completion of recovery of the place for collecting aggregate);

(c) Measures to protect agricultural waterways in the applied land and a restoration plan;

(d) Measures for noise and scattering dust reduction (Reinforcement of measures for reducing environmental pollution) resulting from located within 100 meters from the boundary of the neighboring school;

2. In addition, the place of application for permission to extract aggregate shall be included in an area set as a relative protection zone up within a 200-meter radius from the school boundary pursuant to Article 8 of the Educational Environment Protection Act, and the present three enterprises adjoining the applied area for permission to extract aggregate are in the process of collecting aggregate and the application for permission to extract aggregate in an area adjoining the area may cause adverse impact on the educational environment in the neighboring school.