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(영문) 춘천지방법원 2017.03.31 2016구합50998
토석채취허가신청서 반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 14, 2016, the Plaintiff: (a) filed an application with the Defendant for permission to collect earth and stones (hereinafter “instant application”) for the collection of aggregate of 970,862 cubic meters from 2016 to 2023 cubic meters of aggregate of 51,214 square meters of the 288 forest land located in Hancheon-gun, Hongcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Water 28 (hereinafter “the instant application site”); and (b) filed an application with the Defendant for permission to collect earth and stones (hereinafter “instant application”).

B. On April 25, 2016, the Defendant rejected the instant application for the following reasons (hereinafter “instant return disposition”).

(1) If unexpected impacts are likely to cause adverse impacts on the nature and living environment of surrounding areas due to unexpected impacts during small environmental impact assessment, etc., a request for supplementation was made at the time of the first application for permission to take preventive measures so that civil petitions can not be filed among the measures as a result of consultation on the examination of factors influencing disasters (such as post monitoring and civil complaints) and the measures for reducing impacts and consultation on prior examination of factors influencing disasters, but return was made without submission (in the first supplement of this case), and as a typical agricultural village, a quary, dust, etc., which is located in a large range of 2nds located in the water field (in the first supplement of this case, the first supplement of this case is located at the farm site and farmland in neighboring areas, agricultural products, forest products, and farming areas, neighboring downstream ditches, river pollution, etc. being used for residential water and agricultural water of local residents, and the basic principles of mountainous district management law, which are likely to directly and indirectly connected with a mountain district construction project, are likely to directly and indirectly connected with 10ths of residential areas.

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