The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The main issue of the instant case is whether it is possible for the Korea Rail Network Authority to obtain the right to use a permanent state forest stipulated by the former State Forest Administration and Management Act (amended by Act No. 14357, Dec. 2, 2016; hereinafter “State Forest Act”) by a ruling of use under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects without obtaining permission to use a permanent state forest under the State Forest Act (hereinafter “Land Compensation Act”) in order to use the permanent state forest for railroad service.

2. The summary of the provisions of the State Forest Act relating to the issue of this case is as follows.

The Administrator of the Korea Forest Service shall classify state forests under his/her jurisdiction into permanent state forests in accordance with the following standards, and classify non-permanent state forests into non-permanent state forests and manage them:

(Article 16(1). State forests prescribed by Presidential Decree that need conservation for public interest, such as securing woodlands for forest management, developing forestry technologies, and conducting conservation for private places, monuments, and tangible cultural heritage, preserving ecosystems, and protecting water sources, etc., which need conservation for state forests, and other state forests prescribed by Presidential Decree that need conservation as state forests.

B. Permanent state forests are deemed to be “administrative property” under Article 6(2) of the State Property Act, and non-permanent state forests shall be deemed to be “general property” under Article 6(3) of the State Property Act (Article 16(3)).

Permanent state forests may be sold or exchanged where they are leased, sold, exchanged, or conceded, or private rights are not established (Article 17); but non-permanent state forests may be sold or exchanged where they are used for public works, etc. under the Land Compensation Act.

(Article XX(1)1. (d)

The Administrator of the Forestry Administration shall determine by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs, where permanent state forests under his jurisdiction are required for public works under the Land Compensation Act.