토석채취불허가처분취소
1. The defendant's appeal is dismissed.
2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.
1. Details of the disposition;
A. On September 16, 2013, the Plaintiff: (a) filed an application with the Defendant for permission to collect aggregate (hereinafter “instant application for permission to collect aggregate”): (b) on September 16, 2013, the Plaintiff filed an application with the Defendant for permission to collect aggregate 85,09 square meters (hereinafter “instant application for permission to collect aggregate”): (c) the Plaintiff filed an application with the Defendant for permission to collect aggregate 29,686,686 39,99 V 49,5875,225 V 52,36,364,364,968 V 2,90 U 2,90,90,00 85,000 2,092 square meters: (d) the Plaintiff filed an application to obtain permission to collect aggregate 1,165,570,1304,138,200 square meters from the date of Gyeongsan-si’s location to the date of application;
As a result of permission to collect earth and stones, it is determined that the public interest damage, such as noise, vibration, dust dust, traffic inconvenience, and violation of the right to pursue happiness, etc., such as damage to the daily life of residents in X-Myeon and infringement of the right to pursue happiness, etc., is much larger than the damage to private interests due to the Plaintiff’s permission to collect earth and stones (hereinafter “reasons for Disposition 1”), and that the non-permission disposition (hereinafter “reasons for Disposition 2”) is a civil petition against the permission to collect earth and stones in X-Myeon (hereinafter “reason for Disposition 1”) under the administrative pre-announcement (from September 17, 2013 to October 6, 2013), three times in South Korea, opposing assemblies, one time, Daegu Regional Environmental Office, the Anti-Corruption and Civil Rights Commission, submission of civil petition against permission to collect earth and stones, noise and vibration, and scattering dust - being seriously threatened with the safety of elementary school students, etc. due to large vehicle traffic, and environmental damage, such as destruction of rivers, etc.
B. On January 22, 2014, the Defendant rejected the Plaintiff’s application due to the following reasons.
(hereinafter “instant disposition”). C.
The plaintiff appealed and filed an administrative appeal, but the Gyeongbuk-do Administrative Appeals Commission dismissed the plaintiff's claim on June 30, 2014.