토지사용이의재결처분 취소
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. The main issue of the instant case is whether it is possible for the Korea Rail Network Authority to obtain the right to use a permanent state forest or non-permanent state forest as stipulated by the former State Forest Administration and Management Act (amended by Act No. 14357, Dec. 2, 2016; hereinafter “State Forest Act”) by an adjudication of use under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) without obtaining permission to use a permanent state forest or non-permanent state forest as stipulated by the State Forest Act in order to use the permanent state forest or non-permanent state forest for railroad service.
2. The summary of the provisions of the State Forest Act relating to the issue of this case is as follows.
The Administrator of the Korea Forest Service shall classify state forests under his/her jurisdiction into permanent state forests in accordance with the following standards, and classify non-permanent state forests into non-permanent state forests and manage them:
(Article 16(1). State forests prescribed by Presidential Decree that need conservation for the public interest, such as securing woodland for forest management, development of forestry technology, and academic research, shall be preserved for the private relics, places of origin, monuments, and tangible cultural heritage, conservation of ecosystems, protection of water sources, etc., and state forests that need conservation and are prescribed by Presidential Decree as necessary for state forests.
B. Permanent state forests are deemed to be “administrative property” under Article 6(2) of the State Property Act, and non-permanent state forests shall be deemed to be “general property” under Article 6(3) of the State Property Act (Article 16(3)).
Permanent state forests may be sold, exchanged or leased according to the standards prescribed by Presidential Decree, although they are not leased, sold, exchanged, or conceded, or private rights are not established (Article 17); but non-permanent state forests may be sold, exchanged, or leased in accordance with the standards prescribed by Presidential Decree, if they are used for public works, etc.
(Articles 20(1)1 and (2), 21(1)(d).
The Minister of the Korea Forest Service shall administer permanent state forests among state forests under his/her jurisdiction.