logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2016.08.22 2015누542
산림경영계획 산림사업 신고서 반려처분 취소 등 청구의소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Details of the disposition

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff's assertion about the legitimacy of the disposition shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance except for the following additional parts.

Additional parts of the Forest Resources Creation and Management Act (hereinafter referred to as the "Forest Resources Act").

According to Article 9 of the Enforcement Decree of the Forestry Act, a forest management plan submitted at the time of authorization of the forest management plan shall include matters concerning facilities, such as roads (forest products transport routes). Article 13(4) of the Forest Resources Act provides that a disposition authority shall grant authorization as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, if deemed that the disposition authority examines the above forest management plan and considers that the plan is appropriate for the efficient creation and management of the relevant forest. Accordingly, the Plaintiff filed an application for authorization of the forest management plan including the plan, and the Defendant also evaluated and approved the appropriateness of the plan. Accordingly, the Defendant cannot return the Plaintiff’s report to be implemented according to the authorized forest management plan, or at least, rejection of the Plaintiff’s application due to the absence of any change in circumstances is unlawful in violation of

After the approval of the market management plan, the discretion of the acceptance of the report on the execution of the plan, the enforcement rules of the former Forest Resources Act are divided into the matters to be examined at the time of approval of the forest management plan (Article 7(3)) and the matters to be confirmed at the time of reporting the execution of the forest management plan (Article 10).

In particular, in this case.

arrow