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(영문) 제주지방법원 2016.06.28 2015가단12559
피해보상청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 24, 2014, a public official in charge of protecting forest belonging to the Defendant discovered that the form and quality of a mountainous district was changed by cutting slopes in B forest land owned by the Korea Forest Service and creating a cemetery in the form of stairs through the cutting of slopes in B forest land owned by the Korea Forest Service without obtaining permission from the Plaintiff, and reported it to the Autonomous Police Association, etc. under the Defendant’s jurisdiction.

B. On September 26, 2014, the Jeju Mayor issued a prior notice on the damaged area of forest land surveyed by using equipment to the Plaintiff, stating the damaged area of 1,038 square meters as an illegally converted area, and submitted the Plaintiff’s opinion that “the restoration order of the unlawfully converted area and the improvement of administrative vicarious execution,” and submitted the Plaintiff’s opinion that “I wish to complete the restoration to the original state voluntarily,” and on October 30, 2014, demanded the Plaintiff to submit a mountainous district restoration plan.

C. On November 11, 2014, the Plaintiff filed an application with the Jeju Mayor for approval of a plan for restoration of “768 square meters of the area to be restored, 22,110,000 won of the amount of restoration work, and the period of restoration work from November to February 28, 2015.” The Jeju Mayor approved the Plaintiff’s application on November 21, 2014.

On February 9, 2015, the Plaintiff filed an application for completion inspection with the Jeju Mayor on February 23, 2015. On February 23, 2015, the Jeju Mayor demanded the Plaintiff to supplement to the effect that “The restoration was not completed according to the matters approved by the restoration plan, so the restoration is not completed, and the restoration is completed by April 22, 2015, according to the matters approved by the restoration plan, such as the disposal of amnestys, graveyard relocations, etc.”

E. Meanwhile, on November 26, 2014, the Plaintiff filed a request for a summary order to impose a fine of KRW 3,000,000 on the charges of “a total of 978 square meters of forest land by damaging a total of 978 square meters of forest land without obtaining permission (violation of the Management of Mountainous Districts Act)” with regard to the above act of damaging forest land, which was subject to the Defendant’s autonomous police group and the prosecutor’s office’s investigation. However, the Plaintiff filed a request for a summary order to impose a fine of KRW 3,00,000,000 as the charges, following changes to the indictment after being transferred to the

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