logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.05.10 2017누14142
토지채취허가 중지처분 등 취소
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for this part of the disposition are as stated in the corresponding part of the reasoning of the first instance judgment, except for the dismissal as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 6 and 7 "The former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016)" shall be deemed "the former Mountainous Districts Management Act (amended by Act No. 14773, Apr. 18, 2017)".

2. Whether the return disposition and suspension disposition of this case are legitimate

A. The Plaintiff’s assertion 1) Although there is no provision prohibiting the production of aggregate by bringing in outside earth and rocks under the former Mountainous Districts Management Act, the Defendant was unlawful since the Defendant rendered the instant return disposition on the ground that there is no provision prohibiting the production of aggregate by bringing in and processing outside earth and rocks within the area for permission to collect earth and rocks in the former Mountainous Districts Management Act.

Ultimately, since the Plaintiff’s production of aggregate by bringing in and processing external soil and rocks does not constitute “a violation of any other conditions of permission” under Article 31 subparag. 8 of the former Management of Mountainous Districts Act, the instant suspension disposition is unlawful, and even if such case falls under the foregoing, it is unlawful by abusing and abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. Article 32(1) of the Aggregate Extraction Act (hereinafter “processing”) as to whether the production of aggregate is permitted by bringing in or processing outside soil and rocks under the former Mountainous Districts Management Act

A person who intends to obtain permission shall make a report thereon to the competent authority and the person who has obtained permission for aggregate extraction under the provisions of Article 22 (1) intends to process aggregate.

arrow