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(영문) 서울행정법원 2015.12.03 2015구합10483
광권(탐사권설정)출원각하처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Comprehensively taking account of the overall purport of evidence Nos. 1, 2, 3, and 6 (including serial numbers), and evidence Nos. 1 through 4, the plaintiffs filed an application for the establishment of a mining right for gold, silver, Dong, and Phee as listed in the following table with the head of the mining 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 a mining right (hereinafter referred to as the "disposition") 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.

On October 7, 2014, the date of rejection of the application number for the mining land registration: (a) on April 8, 2015, the exploration right D; (b) on October 10, 2014, the exploration right D; (c) on October 13, 2014, G the exploration right H on April 13, 2014; and (d) on April 10, 2014, the Minister of Trade, Industry and Energy has the authority to dismiss the mining right registration of the head of the mining industry office under Article 7 of the former Enforcement Decree of the Mining Industry Act on April 13, 2014; and (d) on December 9, 2014, the Plaintiffs shall have the authority to dismiss the registration of the exploration right as the Defendant under Article 5 of the Enforcement Decree of the Mining Industry Act on December 10, 2015; and (e) on June 10, 2015, the head of the mining office of the mining industry office of the instant case.

Therefore, the lawsuit of this case is unlawful because the plaintiffs' eligibility to be the defendant is not the defendant.

Furthermore, as to the legitimacy of the instant disposition, ① Article 15(2) of the Mining Industry Act and Article 9(2) of the Enforcement Decree of the same Act stipulate 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 the written application for the establishment of mining rights, and Article 10 of the Enforcement Decree

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