탐사권설정출원불허가처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the statement in this case is as follows: (a) the part of the 1.C. of the reasoning of the judgment of the court of first instance is deleted; and (b) the same is as stated in the 1.C. of the above reasoning, except for the modification as set forth below; and (c) thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
C. (1) Whether the judgment should have been carried out (a) Article 15(5) of the Act provides, “The Minister of Knowledge Economy shall, upon receipt of an application for establishment of mining rights, carry out an on-site investigation: Provided, That he/she may not carry out an on-site investigation if any ground prescribed by Presidential Decree exists.”
Article 11(1) of the Enforcement Decree delegated by the said proviso provides that “Where the existence of the target mineral is confirmed by means of a report or literature prepared by the State, a local government’s institution or an institution recognized by the Minister of Knowledge Economy or by the Minister of Knowledge Economy for reasons not conducting a field investigation (Article 11(1)1); “Where the existence of the target mineral is confirmed according to a report prepared by a professional engineer under the National Technical Qualifications Act” (Article 11(2) of the Enforcement Decree; and “where the existence of the target mineral is confirmed by the mineral description” (Article 11(2) of the Enforcement Decree provides that the Minister of Knowledge Economy shall determine the types of minerals for which a field investigation has not been conducted pursuant to subparagraph 2 or 3.
Accordingly, Article 17(1) of the Guidelines provides that “The kinds of minerals shall be legal minerals except for coal, coal, graphite, stoves, old soil, stoves, stoves, stoves, stoves, stoves, and minerals existing on a private ground as stipulated in attached Table 1 of the Enforcement Decree of the Guidelines.”
On the other hand, Article 16 of the Guidelines provides that "the head of the mining registration office shall conduct a field investigation if the existence of the target mineral is not verified under Article 11 (1) 1 through 3 of the Enforcement Decree.
In this case, the target mineral shall be the same.