1. On January 18, 2017, the Defendant’s order to suspend the Plaintiff’s entry, processing, and removal of outside earth and rocks within the land for permission to collect earth and rocks from the Plaintiff.

1. Details of the disposition;

A. The Plaintiff registered the aggregate extraction business (forest aggregate extraction business, aggregate selection business, and crushing business) pursuant to Article 14 of the Aggregate Extraction Act, and obtained permission from the Defendant to collect aggregate, and then selected and crush aggregate in the area of 201 and 2 lots (hereinafter “instant place of business”) in Gyeyang-gu, Young-gu, Busan (hereinafter “instant place of business”).

B. Around October 2016, the Plaintiff entered into a contract with Daewoo Construction Co., Ltd., a contractor of Section 15 of the Port-Troping Railroad Construction, and with Han New Public Co., Ltd., a contractor of Section 16 of the same Railroad Construction Act, on November 2016, to purchase earth and stones incidental to the process of selling a tunnel, etc. for the construction of each of the above sections, and selected and crushed them by bringing them into the instant workplace.

C. On January 18, 2017, the Defendant issued an order to suspend the Plaintiff’s act of bringing in, processing, and taking out soil and rocks outside the instant place of business (hereinafter “instant disposition”) on the ground that the act of producing, processing, and taking out aggregate from the instant place of business constitutes “an act of collecting soil and rocks not permitted” (hereinafter “the act of collecting soil and rocks outside the instant place of business”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3 (including virtual number), Eul evidence 11-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not constitute “the collection of soil and rocks, other than those permitted or reported, other than those permitted or reported” under Article 31 subparag. 4 of the former Management of Mountainous Districts Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter the same) that the Plaintiff purchased according to a sales contract with the said construction works, and processed and removed them into the permitted site.

In cases of earth and stones incidentally generated in the course of excavating a tunnel for the installation of a railroad, permission to collect earth and stones shall be obtained under the Gu Mountainous Districts Management Act.