1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(a) An additional determination; 2. Additional determination

A. The Plaintiff asserted that the instant application was filed based on Article 15-2(2)10 of the former Mountainous Districts Management Act (amended by Act No. 16710, Dec. 3, 2019; hereinafter “former Mountainous Districts Management Act”) and Article 18-3(2)4 of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 30741, Jun. 2, 2020; hereinafter “former Enforcement Decree of the Mountainous Districts Management Act”) and Article 37(1) of the Framework Act on the Management of Disasters and Safety (hereinafter “Disaster Safety Act”). Thus, the instant disposition that rejected the instant application is unlawful.

B. According to Article 15-2(2)10 of the former Mountainous District Management Act, a person who intends to temporarily use a mountainous district for the purpose corresponding to “construction of facilities related to disaster emergency measures prescribed by Presidential Decree, such as prevention and extinguishment of forest fires,” shall report to the Minister of the Korea Forest Service regarding the mountainous district of state forests, and to the head of Si/Gun/Gu regarding mountainous district

Article 18-3 (2) of the former Enforcement Decree of the Management of Mountainous Districts Act provides for "facilities necessary for emergency measures under Article 37 (1) of the Disaster Safety Act" in subparagraph 4 as one of the "construction of facilities related to disaster emergency measures prescribed by Presidential Decree, such as prevention and extinguishment of forest fires."

According to Article 37 (1) of the Disaster Safety Act, the head of City/Do emergency rescue control group and Si/Gun/Gu emergency rescue control group, and the head of a Si/Gun/Gu, where a disaster occurs or is likely to occur, shall immediately do so.