logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.12.04 2015구합934
채굴계획불인가처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 27, 2014, the Plaintiffs (the representative of the applicant: the Plaintiff Pakistan Industry Co., Ltd.) filed an application for authorization for an extraction plan (hereinafter “instant application”) with the Defendant on the aggregate of 1,866 square meters of DNA forests and 3,878 square meters in relation to the extraction rights (hereinafter “the instant extraction rights”) as follows:

The registration number of the mining area in the location of the mining area is the area (h) of the mining land name B of the mining land name B of the term of mining area, G Y H 68 IG 68 IG 201 on October 29, 201 to October 28, 2031 on March 28, 2033, G Y JJ 68 IG 68 IG 201 from January 27, 2012 to January 26, 2032.

On October 27, 2014, on November 18, 2018, and December 5, 2012, the Defendant requested, respectively, to hold a constructive consultation and re-consultation (the first and second types) on the instant application pursuant to Article 43 of the Mining Industry Act. On December 30, 2014, the Defendant notified the Plaintiffs that the instant application is not permissible due to the following reasons (hereinafter “instant disposition”).

Reasons for the disposition of this case

1. The area planned for extraction is an area in which the temporary use of the mountainous district is not permitted.

Pursuant to Article 37, 39, and 40 of the Mountainous Districts Management Act, the area to be mined is currently promoting the restoration work after obtaining approval for a plan for the restoration of a mountainous district for preventing disasters;

B. Since it is not eligible for exemption from duty of recovery pursuant to Article 47 of the Enforcement Decree of the same Act, the temporary use of the mountainous district is not permitted as of the date on which the temporary use of the mountainous district should be examined.

2. The possibility of damage to the surrounding areas due to the extraction is reasonable;

The area planned for extraction is a damaged state of mountainous district due to the existing development of the Nowon-do Mining, and the waste rocks, etc. are exposed to the outside, and is connected to the river, the damaged roof and waste petroleum room due to rain, blasting, etc. shall be used.

arrow