1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff filed an application for permission to use state forests with respect to 134,00 square meters among 2,126,483 square meters of Gangwon-gun B forest land (hereinafter “instant forest”). The Plaintiff obtained the permission to use state forests from the Defendant on February 27, 2009 under the following conditions.

The purpose of permission for use: The period of permission for use for industrial use (brain, dysty, dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty dysty

On February 11, 2016, the Defendant revoked the permission for use of state property pursuant to Article 26(1) of the State Forest Administration and Management Act and Article 5 of the written permission for use of state property (hereinafter “instant disposition”).

On November 22, 2016, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim.

【Ground of recognition】 The Plaintiff did not have any dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 2, 5, and 7, and the purport of the entire pleading as to the legitimacy of the disposition of this case, the purport of the whole pleading, and the purport of the disposition of this case as to whether the disposition of this case is legitimate, and the Plaintiff did not neglect the permission area for at least six months.

Before rendering the instant disposition, the Defendant did not undergo the hearing procedures, and the fact-finding survey of state forests constitutes “administrative investigation” under Article 2 subparag. 1 of the Framework Act on Administrative Investigations. However, since the Defendant did not comply with the procedures stipulated in Article 17(1) of the Framework Act on Administrative Investigations, there is a procedural illegality in the instant disposition.

The grounds for the instant disposition exist.