(영문) 춘천지방법원 2015.06.12 2014구합5536

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(영문) 춘천지방법원 2015.06.12 2014구합5536

산림경영계획 산림사업 신고서 반려처분 취소 등 청구의소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 27, 2014, the Plaintiff prepared a forest management plan with the content of growing trees for the purpose of growing trees on five parcels, including Gangwon-gun B, Gangwon-gun, and approved the Defendant’s application for authorization on May 27, 2014, with the commitment period from July 1, 2014 to June 30, 2024, with the total area of 13.3 square meters from July 1 to June 30, 2024.

B. On September 2, 2014, based on the above authorization, the Plaintiff prepared and submitted a report on a forest management plan for the production of forest trees to the Defendant. On September 15, 2014, the Defendant returned the Plaintiff’s forest management plan establishment report on the following grounds: (a) the land of the Gangwon-gu, Young-gun C, and eight parcels (hereinafter “instant forest”) located outside the 2013 forest, which is planned to be established as a means of transporting forest products as stated in the forest products transport report; and (b) the area for which a disposition of rejection of development activities was taken following the deliberation by the civil petition mediation committee, as the occurrence of disasters, such as landslide, etc. in 2013, and the damage to the Do Riverine landscape was likely to occur

(hereinafter “Disposition in this case”). [Grounds for recognition] No dispute, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion asserts that the instant disposition is unlawful on the following grounds by abusing and abusing discretion.

1) Although the Defendant is likely to cause a disaster, such as landslide, in the forest of this case, the forest of this case is unlikely to cause damage, such as landslide, etc. due to the implementation of the project, since the volume of landslide occurred once in the forest of this case is not likely to cause damage to the forest of this case. In addition, the Defendant is likely to cause damage to the landscape of the river of this case if he opens a forest road in the forest of this case. However, the Plaintiff is a temporary forest road for the purpose of felling trees and is expected to restore the forest to

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