The defendant's disposition of rejecting the application for permission to collect earth and stones granted to the plaintiff on April 26, 2019 is revoked.

The costs of lawsuit are assessed against the defendant.

Details of the disposition

On August 30, 2018, the Plaintiff, an aggregate extraction business, etc., applied for permission to collect earth and rocks from the Defendant on the land outside Yong-si and six parcels, but the Defendant rejected the said application on September 6, 2018 for the following reasons.

1) On August 30, 2018, an application for permission to collect earth and rocks was filed on August 30, 2018, that did not meet the requirements for filing an application under Article 32 of the Enforcement Decree of the Mountainous Districts Management Act and Article 24 of the Enforcement Rule of the same Act; 2) The Plaintiff, who was not in conformity with the criteria for permission to collect earth and rocks under Article 28 of the Mountainous Districts Management Act, such as a district subject to the restriction on the collection of earth and rocks, and Article 36 of the Enforcement Decree of the same Act, applied for permission to collect earth and rocks again to the Defendant on December 26, 2018 for the following reasons. However, the Defendant rejected the said application on December 31, 2018:

The application for permission to collect earth and rocks on December 26, 2018 was filed again for a project plan returned as of September 6, 2018. The application did not meet the requirements under Article 32 of the Enforcement Decree of the Management of Mountainous Districts Act and Article 24 of the Enforcement Rule of the same Act as the previous return disposition was made. Moreover, the Plaintiff, on April 11, 2019, applied for permission to collect earth and rocks (hereinafter “instant application”) in order to implement a project for collecting earth and rocks in the instant application site, but the Defendant returned the said application to the Defendant on April 26, 2019 for the following reasons.

(hereinafter “instant disposition”). The instant application is a case of re-application for a project plan with the same content as the application for permission to collect earth and stones from September 6, 2018 and December 26, 2018, which is identical to the application for permission to collect earth and stones from September 6, 2018, and meets the requirements provided for in Article 32 of the Enforcement Decree of the Mountainous Districts Management Act and Article 24 of the Enforcement Rule of the same Act.