(영문) 서울행정법원 2015.12.3. 선고 2015구합10483 판결

Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, 3, and 6 (including branch numbers), Eul evidence Nos. 1 through 4, and the overall purport of the arguments, the plaintiffs filed an application for the establishment of mining rights for gold, silver, Dong, and Pungto as listed in the following table with the head of the mining registration office during the period from October 7, 2014 to December 9, 2014. The head of the mining registration office may recognize the fact that the plaintiffs rejected the application for the establishment of mining rights (hereinafter referred to as "disposition of this case") of the plaintiffs on the grounds that the plaintiffs did not submit a mineral deposit description within six months from the filing date of the application between April 8, 2015 and June 10, 2015.

A person shall be appointed.

2. Whether the lawsuit of this case is lawful

ex officio, the fact that the head of the office for registration of mining and the head of the office for registration of mining and the head of the office for registration of mining and the head of the office for registration of mining and the head of the office for registration of mining and the head of the office for registration of mining and the Minister of Trade, Industry and Energy delegates the right to reject applications for registration of mining right under Article 96 of the Mining Industry Act and Article 71 (2) 5 of the Enforcement Decree of the Mining Industry Act to the head of the office for registration of mining and the Minister

[B] As to the legitimacy of the disposition of this case, ① Article 15(2) of the Mining Industry Act and Article 9(2) of the Enforcement Decree of the Mining Industry Act provide that a person who files an application for the establishment of mining rights shall submit a mineral deposit description within six months from the date of filing of the application for the establishment of mining rights. Article 10 of the Enforcement Decree of the Mining Industry Act provides that the Minister of Trade, Industry and Energy (the head of the office of mining registration) shall dismiss the application unless the mining applicant files a mineral deposit description within six months from the date of filing of the application for the establishment of mining rights (which shall be dismissed, hereinafter referred to as "it shall be dismissed," and it imposes an obligation to reject the application on the administrative agency (which shall be dismissed, hereinafter referred to as "the head of the office of mining registration"). ② The term "application matters delivered by the head of the office of mining registration to the plaintiffs at the time of filing of the application for the establishment of mining rights," stating that the plaintiffs may not be deemed to have been fully aware of the above contents and rights and interests of the administrative procedures.

3. Conclusion

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.