토석채취기간연장허가신청반려처분취소
1. Revocation of a judgment of the first instance;
2. The Defendant applied for the extension of the collection of earth and rocks against the Plaintiff on June 19, 2014.
1. The court's explanation concerning this part of the grounds for appeal is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion and the plaintiff
B. The reasoning for the court’s explanation on this part of the relevant statutes is as stated in the reasoning of the judgment of the first instance, except for the deletion of “a deviation or abuse of discretionary power,” as stated in the 5th judgment of the first instance court, Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
C. According to the relevant legal principles and Articles 9(1) and 13(1) of the Civil Petitions Treatment Act and Articles 14(1) and (3) and 15(1) of the Enforcement Decree of the Civil Petitions Treatment Act, the head of an administrative agency upon receipt of a civil petition application shall not withhold or refuse such receipt, except as otherwise expressly provided in other Acts and subordinate statutes. If there is any defect in a civil petition, the head of the administrative agency shall, without delay, demand a petitioner to supplement the civil petition within a reasonable period necessary for the supplement, and if the petitioner fails to supplement the civil petition within the said period, he/she may demand the petitioner to supplement the civil petition within the ten-day period. If the civil petition is not supplemented within the said period, he/she may return the received civil petition document within the said period by clearly stating the reasons for rejection. In addition, the content of the supplement must not only be the case where it is possible to supplement the civil petition document, but also the case where the defect is a formal procedural requirement or substantial condition, such as simple mistake or temporary circumstance of the civil petitioner.
(see, e.g., Supreme Court Decision 2003Du6573, Oct. 15, 2004). The former Mountainous Districts Management Act (Act No. 12513, Mar. 24, 2014).