1. The Defendant’s disposition against the Plaintiff on October 10, 2016 on the return of a report on changes in collection of earth or stone, which was made on October 10, 2016, and on October 20, 2016.

Details of the disposition

The Plaintiff is engaged in the business of extracting forest aggregates and screening and crushing aggregate in Bocheon-si Mancheon-si 6-1 and three parcels (hereinafter “instant place of business”) with the registration of aggregate extraction business pursuant to Article 14 of the Aggregate Extraction Act and obtaining permission from the Defendant.

The Plaintiff, from January 2016, brought in earth and rocks collected outside the instant workplace (hereinafter referred to as “external earth and rocks”) from around the instant workplace and screened and crushed them.

The Defendant, on February 4, 2016, and March 7, 2016, issued an administrative guidance that prohibits the Plaintiff from bringing in external earth and rocks, and on March 17, 2016, issued an administrative guidance that allows the Plaintiff to use external earth and rocks only for recovery. However, on June 29, 2016, the Defendant imposed an administrative fine of KRW 1.5 million on the ground that the Plaintiff violated the business plan for permission for collecting earth and rocks by bringing in external earth and rocks without changing the business plan at the instant place of business.

On August 18, 2016, the Defendant issued an administrative guidance that only allows the Plaintiff to use external earth and stone for recovery. However, on August 30, 2016, the Defendant imposed an administrative fine of KRW 2 million on the ground that the Plaintiff, without changing the business plan at the instant place of business, brought in external earth and stone without complying therewith and violated the business plan for permission to collect earth and stone.

Accordingly, on September 10, 2016, the Plaintiff brought an external soil and stone into the Defendant and filed a report on the change of the business plan with respect to the collection of earth and stone to be used as aggregate for the restoration of soil and sand, but the Defendant rejected the Plaintiff’s report on October 10, 2016 due to the following reasons:

After examining whether an application for permission to collect earth and rocks under Article 25 (1) of the Mountainous Districts Management Act and Article 24 (1) of the Enforcement Rule of the same Act is in conformity with the standards for permission to collect earth and rocks based on the details of the application by submitting a business plan, etc. to the applicant, and examining the feasibility thereof.