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(영문) 전주지방법원 2017.09.14 2016구합2219
토석채취 허가 신청 불허처분 취소
Text

1. The Defendant’s disposition of non-permission to collect earth and stones against the Plaintiff on July 29, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 29, 2016, the Plaintiff filed an application for permission to collect earth and sand necessary for embling construction works (hereinafter “instant construction works”) with the Defendant for the purpose of collecting 26,678 square meters (hereinafter “instant application site”), including 24,168 square meters in a place for collecting earth and stone, and 24,168 square meters in a buffer area, 2,510 square meters in a buffer area; hereinafter the same shall apply) from the Defendant on the ground that the Plaintiff filed an application for permission to collect earth and sand necessary for the embling construction works conducted by the management agency of the nextsan Regional State

(hereinafter “instant application”) b.

On July 15, 2016, the Dosan Regional Land Management Office sent a request to the Defendant to the effect that, in order to facilitate the supply and demand of earth and sand and fine aggregate to be used in the instant construction works and to reduce project costs, the Hasan Regional Land Management Office may actively cooperate when the Ha in the instant application is filed by the Hasan Construction Corporation. However, the collection period of earth and stone was not specified as follows.

The location of the place where earth and rocks are collected: The area of the site where the instant application is filed: The quantity of earth and rocks collected for earth and sand to be filled: the quantity of earth and sand collected for earth and sand to be filled: 323,293 square meters: The developer of the instant construction: the Plaintiff.

C. On July 29, 2016, the Defendant rendered a disposition rejecting the said application against the Plaintiff for the following reasons.

(1) The application of this case is an area within 2 km of the D Expressway, national highways E, and electric power source facilities within 100 meters, subject to the restriction on the collection of earth and rocks under Article 25-3 of the Management of Mountainous Districts Act and Article 32-3 of the Enforcement Decree of the same Act (hereinafter referred to as “reason 1”), and (2) the access road, method of gathering, and matters related to felling standing timber are omitted at the time of filing an application for permission for gathering earth and rocks, and the annual plan for the recovery of the access road of the area for collecting earth and rocks was omitted pursuant to Article 24(1) of the Enforcement Rule of the Management of Mountainous Districts Act, and the consent for the use of the access road (F and three other death) is not sufficient (the need for the full consent).

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