2015dan12559 Claims, etc. for damages

A person shall be appointed.

Jeju Special Self-Governing Province

May 24, 2016

June 28, 2016

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff KRW 23,00,000 as well as the full payment from the day after the delivery of a copy of the complaint of this case.

By the day, 20% interest per annum shall be paid.

1. Basic facts

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

B. On September 26, 2014, the Jeju Mayor indicated that the damaged area 1,038m of forest land surveyed by using equipment as an illegal converted area is “A prior notice on the order to restore the mountainous district to its original state and to execute the administrative unit,” and demanded the Plaintiff to submit a mountainous district restoration plan to the Plaintiff on October 30, 2014.

C. On November 11, 2014, the Plaintiff filed an application with the Jeju Mayor for approval of the design for restoration from November 201 to February 28, 2015, and the Jeju Mayor approved the Plaintiff’s application on November 21, 2014.

D. On February 9, 2015, the Plaintiff filed an application for the completion inspection with the Jeju Mayor for the completion inspection, and the Jeju Mayor for the completion inspection.

2. 23. The Plaintiff on April 2015, since the restoration was not completed according to the matters approved by the restoration plan.

22. Until now, the restoration was completed in accordance with the matters approved for the restoration plan, such as the disposal of amnestys and the relocation of graveyardss.

E. Meanwhile, on November 26, 2014, the Plaintiff, following the investigation by the Autonomous Police Association under the Defendant’s jurisdiction and the Prosecutor’s Office, damaged total 978 meters of forest land, thereby converting the use of mountainous district, and damaged total 4 parts of trees (violation of the Management of Mountainous Districts Act). (Violation of the Creation and Management of Forest Resources Act) “A summary order was requested to be sentenced to a fine of KRW 3,00,000,000 as charges. However, on July 22, 2015, the Jeju District Court changed the use of mountainous district by damaging a total of 187 meters of forest land without obtaining permission after the transfer of the trial proceedings, and was sentenced to a fine of KRW 500,000 for criminal facts (Violation of the Management of Mountainous Districts Act)” (the part violating the Creation and Management of Forest Resources Act was dismissed due to the prosecutor’s application for changes in the indictment to the effect that the indictment was revoked due to the prosecutor’s revocation of the indictment.

【In the absence of dispute as to the ground for recognition, Gap’s evidence 1 through 7, Eul’s evidence 1 through 9, Eul’s evidence 10-1 through 10, Eul’s evidence 11, and Eul’s evidence 13, the purport of the whole entries, images, and pleadings

2. Determination as to the cause of action

A. As the cause of the instant claim, the Plaintiff, based on the erroneous investigation by the Defendant-affiliated Police Team, has the obligation to compensate the Plaintiff for damages of KRW 23,00,00,00 in total, including the total amount of KRW 10,00,00, KRW 20,000, KRW 10,000, KRW 20,00, KRW 10,000, KRW 80, KRW 800, and KRW 80,000, KRW 23,000,00, and KRW 80,000, and KRW 23,000,000, and KRW 80,000, and KRW 10,00,000, are not obligated to be submitted by the order for excessive restoration in the Jeju market.

B. However, it is difficult to view that the investigation of the autonomous police group under the defendant's command related to the original facts charged was illegal solely on the ground that the prosecutor withdrawn part of the facts charged as stated in the indictment with the permission of the court in the process of maintaining the prosecution. There is no other evidence to support that the autonomous police group under the defendant's command was illegal or unjust investigation. There is no evidence to support that the order to restore the plaintiff's original state to the Jeju market was illegal, and there is no evidence to support that the order to restore the plaintiff's original state to the original state to the original state without the permission of the court. Rather, according to the above evidence, it can be acknowledged that the plaintiff who converted the state to the mountainous district without the permission of the Jeju market to restore the mountainous

3. Conclusion

The plaintiff's claim of this case is dismissed as there is no reasonable ground.

Judge Lee Jin