1. The Defendant’s rejection of permission within a development restriction zone against the Plaintiff on August 17, 2018 shall be revoked.

2...

1. Details of the disposition;

A. On July 18, 2018, the Plaintiff filed an application with the Defendant for permission to engage in an act in a development restriction zone for the storage of containers (hereinafter “instant application”) with respect to the land within the Plaintiff’s development restriction zone, Busan Shipping Daegu B, 859 square meters (hereinafter “instant land”).

(b) Access roads to the application site for the storage of objects due to fire should be used as current roads within the state forest owned by the Korea Forest Service (C), but the current roads do not constitute the purpose for which permission to use state forests can be granted pursuant to Article 21 of the Act on the Management and Management of State Forests, and thus, it is inappropriate to use them as entry for the storage of objects

B. As to this, the Defendant rejected the instant application on August 17, 2018 (hereinafter “instant disposition”). The Defendant’s “the notice of the permission for acts within a development-restricted zone,” which the Defendant sent to the Plaintiff at the time of the instant disposition, includes the following:

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but the said administrative appeals commission dismissed the appeal on October 23, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 6, 7, 8, Eul 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant disposition is unlawful as it deviates from the bounds of discretionary authority in light of the following: (a) the Plaintiff’s disposal of containers pursuant to the instant application is likely to cause harm to the natural environment, such as atmosphere, soil, and water pollution; (b) the roads to be used as entry into and exit from the instant land are state forests; (c) the roads to be used as state forests are already used by the general public; (d) the roads are not used once at the time of entry into and departure from the container storage process; and (e) the Plaintiff’s right of passage

(b) The details of the relevant statutes are as shown in the attached statutes.

(c).