절대보전지역지정해제불허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The Plaintiff asserted that on October 24, 2014, the Plaintiff filed an application with the Defendant for cancellation of the designation of an absolute conservation zone as to the instant land, as the owner of Seopoposi B forest No. 14,065 square meters (hereinafter “instant land”) designated as an absolute conservation zone. The Defendant rejected the instant application on the ground that the instant land is included in C and is designated as an absolute conservation zone pursuant to Article 292 of the former Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (amended by Act No. 13426, Jul. 4, 2015; hereinafter “former Special Act on Jeju”), and thus, the designation of an absolute conservation zone as an absolute conservation zone cannot be revoked in order to protect the unique nature of the natural environment.
However, the land of this case does not fall under the category of "Korea-dorasan, parasitic volcano, and luculous so on" listed in Article 292 (1) of the former Special Act on Jeju, and it is an area deviating from the boundary, and as a result, the designation of the absolute conservation area was causing serious economic damage to the plaintiff. Even though it does not fall under the category of the absolute conservation area, the disposition rejecting the application to designate the land of this case as the absolute conservation area and to request the cancellation thereof should be revoked because it is an unlawful disposition
2. Determination on the defense prior to the merits
A. As the Plaintiff’s assertion on October 24, 2014 and the Plaintiff’s petition constituted a civil petition based on the nature of the Plaintiff’s assertion, the Defendant’s response on October 29, 2014 regarding the Plaintiff’s carbon and petition is merely a notification of the result of treatment of the Plaintiff’s civil petition, and thus, cannot be deemed as an administrative disposition subject to appeal.
B. The rejection by an administrative agency against a citizen’s application constitutes an administrative disposition that is subject to appeal litigation.