1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. Pursuant to Article 25(1) of the former Management of Mountainous Districts Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter the same shall apply), the Plaintiff collected earth and rocks from the instant mountainous district after obtaining permission for collecting earth and rocks (hereinafter referred to as “the instant permission for collecting earth and rocks”) from the Defendant as “1,59,971 cubic meters of 70,113 square meters among the 104,587 square meters of Jeon-gun-gun, Seoan-gun, C, D, E forest, and E, located in North Korea (hereinafter “instant mountainous district”) from the Defendant for the purpose of aggregate extraction business, etc.

B. As a result of on-site inspections on the instant mountainous district, the Defendant confirmed that the Plaintiff illegally collected earth and rocks from 172,693 cubic meters of 172,693 cubic meters of the instant permission zone and five adjacent land, such as damaging stone collection boundary and buffer zones.

C. On September 27, 2016, the Defendant rendered a disposition to suspend the collection of earth and rocks (hereinafter “instant disposition”) from September 28, 2016 pursuant to Article 31 subparag. 4 of the Management of Mountainous Districts Act against the Plaintiff, and notified the Plaintiff of the following matters:

In accordance with Article 39 and Article 40 of the Management of Mountainous Districts Act, a mountainous district shall be completed with approval of a plan for restoration for an illegally damaged area, and a mountainous district shall be completed without submitting a plan for restoration, or when the restoration is not completed within the period of restoration of approved multiple design documents, it shall be known that it will be treated in accordance with Article

In addition, in order to cancel the suspension of quarrying, the State shall apply for the resumption of the project after completion of restoration work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition based on Article 31 subparag. 4 of the Mountainous Districts Management Act, based on which the following defects exist, is significant and apparent, and thus, seek confirmation of invalidity of the instant disposition.

① The Defendant is against the Plaintiff.