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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
The Plaintiff was indicted for violating the Management of Mountainous Districts Act with the content that he damaged a forest of 187 square meters in Jeju-si without obtaining permission, and the violation of the Creation and Management of Forest Resources Act with the content that he damaged a total of 4 parts of trees, such as mountain son trees, etc., and was sentenced to a fine of KRW 1 million from the prosecutor, but the part of violation of the Creation and Management of Forest Resources Act with respect to the violation of the Creation and Management of Forest Resources Act was dismissed, and the part of violation of the Management of Mountainous Districts Act was sentenced to a fine of KRW
Nevertheless, with respect to the disciplinary action against the plaintiff, the ground for disciplinary action was that the plaintiff was punished by a fine of KRW 3 million due to the violation of the Mountainous Districts Management Act and the Creation and Management of Forest Resources Act, and the violation of the Creation and Management of Forest Resources Act to which the public prosecution was dismissed also included in the grounds for disciplinary action against the plaintiff. As such, the above false facts were subject to disciplinary action against the plaintiff, and the plaintiff suffered damages of KRW 10 million at the cost of relief by the law, and the damages of KRW 11 million due to mental distress occurred.
Therefore, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay.
Judgment
Facts of recognition
1) On November 26, 2014, the Plaintiff was sentenced to a fine of KRW 500,000 on July 22, 2015 by the Jeju District Court on the following grounds: “On August 26, 2014, the Plaintiff used a mountainous district by damaging a total of 978 square meters of forest land B in Jeju-si without obtaining permission from the competent authority, and damaged a total of four pieces of trees, including 1,00,000,000, including 1,000,000,000,000 won, due to the violation of the Management of Mountainous Districts Act and the Creation and Management of Forest Resources Act without obtaining permission from the competent authority.” (The violation of the Mountainous Districts Management Act)