The appeal is dismissed.

The grounds of appeal are examined.

1. As to the assertion of deviation from the limit of delegated legislation

A. (1) The former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter “former Mountainous Districts Management Act”) defines the act of using a mountainous district for purposes other than afforestation, forest tending, felling standing trees, or gathering forest products, or changing the form and quality of a mountainous district for such purpose as “conversion of mountainous district” (Article 2 Subparag. 2); and stipulates that a person who intends to convert a mountainous district shall obtain permission to convert a mountainous district and obtain such permission from the Administrator of the Korea Forest Service, etc. (Article 14(1)); and a provision to punish a person who diverts a mountainous district without permission to divert a mountainous district in violation of such provision (Article 53 Subparag. 1).

(2) Article 2 subparag. 3 of the former Management of Mountainous Districts Act defines mountainous districts as “temporary use of mountainous districts” for a certain period, on condition that mountainous districts will be restored to mountainous districts for a certain period, other than afforestation, forest tending, felling and extracting standing trees, gathering forest products, or changing the form and quality of mountainous districts for such purpose. Article 15-2(2) of the same Act imposes a duty to report to the Minister of the Korea Forest Service, the head of a Si/Gun/Gu, etc.

According to this, for purposes of temporary use, which are not subject to a building permit or report under the Building Act, the installation of simple facilities for agriculture, forestry and fishery products and the installation of facilities for agricultural, forestry and fishery products simplified disposal of agricultural, fishery and fishery products (subparagraph 1), medicinal herbss, medicinal herbss, medicinal trees, landscape trees, and wild flowers (subparagraph 4), forest roads, work roads, forest roads, roads for transporting forest products, forest products, forest paths, such as mountain trails and access roads, and other similar mountain paths (subparagraph 7), and installation of radio communication transmission facilities (subparagraph 11) below the scale prescribed by Presidential Decree installed by a telecommunications business operator under subparagraph 8 of Article 2 of the Telecommunications Business Act, and installation of other minor facilities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs (subparagraph

(3) the Gu.