206Nu257 Revocation of Sub-sections in the disposition of permission for the removal of preserved resources.

○○○ Incorporated Company

Seoul

○○○○

Law Firm ○○, Counsel for the defendant-appellant

Attorney OOO, OO, OO, OO, OO, OO;

○ ○

Law Firm ○

Attorney OOO, OO, OO, OO, OO,O, and OO

○○○ ○○ Do Governor

○○○, ○○, ○○, ○○, ○○, ○○, ○○○, and ○○○

Attorney ○-○, et al.

Jeju District Court Decision 2006Guhap310 Decided June 28, 2006

November 24, 2006

December 15, 2006

1. Revocation of a judgment of the first instance;

2. On January 12, 2006, the Defendant’s disposition of permission for the removal of preserved resources (groundwater) to the Plaintiff from the territory of the Republic of Korea is revoked.

3. All the costs of the first and second trials shall be borne by the Defendant.

The same shall apply to the order.

1. Details of the instant disposition

A. On August 30, 1984, ○○○○○ Co., Ltd. (hereinafter referred to as “Plaintiffs”) produced drinking water of the trademark called “○○○○○○○○○○○ Co., Ltd. (hereinafter referred to as “Plaintiffs”) that was used as an affiliated company of OOO for drinking water created as underground water in Jeju-do as an affiliated company of OOOO for drinking water.” On August 30, 1984, she produced drinking water of the trademark called “○○○○○○○○○○○○○○○” that was used as underground water in Jeju-do, subject to the former Food Sanitation Act, after obtaining permission for the business of manufacturing drinking water in Jeju-do on condition that “the volume of drinking water was exported or sold to foreigners in Korea.”

B. After that, from January 15, 1997 to January 2004, the Plaintiff obtained permission to develop and utilize groundwater from the Defendant each year in accordance with the Special Act on Jeju-do Development or the Special Act on Jeju Free International City. At the same time, the Plaintiff filed an application for permission to remove preserved resources by setting the purpose of removal as “supply of affiliated companies”, and the Defendant has granted permission to remove preserved resources as requested by the Plaintiff.

C. However, on January 3, 2005, the Plaintiff applied for permission for the release of preserved resources, stating the purpose of release, unlike before, as "sale", and expressed its intent to sell the drinking spring water produced by it in the domestic market, and the Defendant issued a provisional disposition to permit the release of preserved resources by setting the purpose of release as "sale of affiliated companies" as before.

D. On January 12, 2006, the Plaintiff entered the purpose of release into “sale” upon filing an application for permission for release of preservation resources. Accordingly, on January 12, 2006, the Defendant issued a disposition of permission for release of preservation resources (hereinafter referred to as “the instant disposition of permission for release of preservation resources for convenience”) under the condition that the purpose of release was set as “sale of affiliated companies (groups)” (hereinafter referred to as “sales after convenience”). (After that, the Plaintiff’s period of permission for development and utilization of groundwater and permission for release of groundwater was extended by November 24, 2007).

[Reasons for Recognition] Facts without a partial dispute, Gap 1, 5, 6, 7, 30, 31, 32, 38, 46 evidence, Eul 4, 26 evidence, and the purport of the whole pleadings

2. Whether the father of this case is legitimate

A. The parties' assertion

The defendant asserts that the father of this case was legally attached in accordance with the purport of relevant laws, such as the Special Act on Jeju Free International City, and the plaintiff asserts that the father of this case was unlawful on the following grounds.

The instant disposition constitutes a binding act (or binding discretionary act) and such a binding act is deemed null and void even if a father attached thereto. Furthermore, even if it is possible to attach a father, the instant father does not fit the purpose of the release permission system for the protection of groundwater, which is a preservation resource, and the suitability of the means is not recognized, and the instant father’s attachment goes against the principle of proportionality excessively and excessively. In addition, the instant father’s attachment is unlawful on the grounds that it is against the principle of prohibition of unfair decision-making and the principle of equality, violates the Plaintiff’s freedom of occupational activities, and infringes on the essential effect of the main administrative disposition.

(b) Relevant statutes;

It is as shown in the attached Form.

C. Determination

(1) The nature of the father of the instant case

The subsidiary officer of this case sold drinking spring water created by the Jeju-do underground waterways to the Plaintiff only to group companies and sold it to the general market while permitting the Plaintiff to take out of the Do groundwater of Jeju-do. The subsidiary officer of this case ordered the Plaintiff to do so in addition to the main administrative act (the release permission disposition of this case). Thus, it does not determine the validity of the release permission of this case itself. Thus, the subsidiary officer of this case constitutes the so-called "charges" and therefore, it constitutes an administrative litigation independent of the release permission disposition of this case.

(2) Whether additional clauses may be attached to the instant disposition on the permission for the removal of goods

Article 120 of the Constitution provides that "any person who intends to trade important underground resources in Jeju-do or to take them out of Jeju-do shall obtain the permission of the Do governor under the conditions as prescribed by the Ordinance of the Do," and Article 34 of the Enforcement Ordinance of the same Act provides that "the permission of the Do governor shall be granted to take them out of Jeju-do for the purpose of exchange of local culture, such as the display of preserved resources, where it is intended to take them out of Jeju-do for experiment or research purposes, and the benefits of the natural environment shall be shared by Do residents, and at the same time, they shall be managed by Do residents so that they can use nature with equal opportunities," and Article 32 (5) of the same Act provides that "the person who intends to trade the preserved resources in Jeju-do or take them out of Jeju-do shall obtain the permission of the Do governor."

Examining the provisions of the Special Act of Jeju Free International City and its ordinances in accordance with the spirit of the Constitution, in principle, the act that is able to use preserved resources for the purpose of profit-making in order to protect preserved resources such as Do sewage, namely, the act that is able to trade preserved resources in Jeju-do or take out preserved resources outside Jeju-do, but in exceptional cases, the act that is able to trade or take out upon obtaining permission from the defendant, and the permission criteria for taking out is stipulated as an indefinite concept, and it seems that the discretion of the defendant is given to the defendant in determining whether the permission standards are satisfied. Therefore, the permission for taking out of Jeju-do should be deemed as discretionary act, and in such discretionary act, the additional authority may be set to achieve administrative purposes unless there is an explicit provision in the relevant statutes.

Therefore, it cannot be attached to the permission of the release of this case as it constitutes a binding act. The plaintiff's assertion is without merit.

(3) Whether the addition of the additional clauses of this case was a deviation or abuse of discretion

(A) Facts of recognition

1) On March 9, 1995, the local governments in Jeju-do established the ○○○ local development project in order to manufacture and sell drinking spring water, and thereafter, the ○○○ local development project manufactures and sells drinking spring water from March 9, 1998 to Korea.

2) On November 25, 1995, the Plaintiff filed an administrative appeal on the ground that, when the Defendant made a request for the production of orders to promote the excellence of drinking spring water from Jeju Development Corporation to the domestic consumption market, the Plaintiff was permitted to produce and supply it within the permissible limit of production capacity. On February 3, 1996, when the Plaintiff obtained the permission for the use of groundwater pursuant to the provisions of the Special Act on Jeju-do Development ( enacted and promulgated on December 31, 1991), the Defendant filed an administrative appeal on the ground that the above father was illegal and unfair, and the Minister of Construction and Transportation made an administrative appeal on March 8, 1994 on the ground that the above father’s disposition for the permission for the reuse of groundwater was unlawful and unfair. The Minister of Construction and Transportation violated the Plaintiff’s freedom of occupation and happiness as guaranteed by the Constitution (the Minister of Health and Welfare’s domestic marketing of drinking spring water, which is a public notice of the Minister of Health and Welfare, infringed upon the freedom of occupation and happiness of the people).

3) Accordingly, it was possible for the Plaintiff to manufacture and sell drinking spring water into the groundwater of Jeju-do. At the time, ○○○○, the representative director of the Plaintiff at the time, by opening a dog dog at Jeju-do office on October 8, 1996, clearly stating that “the Plaintiff has no intention to sell drinking spring water produced by the groundwater of Jeju-do to the domestic market.” The same purport was the same during the Jeju-do Council on December 27, 1996.

4) The above decision of the Supreme Court and the subsequent decision of the Minister of Health and Welfare allowed domestic sales of drinking spring water from around 1995, and thereafter the domestic market was rapidly expanded and competition was serious. The plaintiff's business division of drinking spring water, which was the owner of drinking spring water in Korea, has been originally disposed of by the defendant, so long as the sales volume of drinking spring water is not so increased and 30% of the manufacturing facility operation rate is under 30%. The plaintiff's 66 domestic companies' 11 to 12 sales volume or sales volume compared to the above and the above 12 sales volume of drinking spring water, and the order of priority in sales volume of drinking spring water sales was subordinate to the above 11 to 12 sales volume of drinking spring water from among the 66 domestic companies (the "○○○○○○○○○○○○○ 000,000 won, compared to this case's 14th 200,000 domestic market.

5) In order to manufacture and sell drinking water using the groundwater in Jeju-do, the permission for the development and utilization of groundwater or the permission for the extension of the period for the development and utilization of groundwater pursuant to Article 33(1) and (2) of the Special Act on Jeju shall be obtained through a review by the Groundwater Management Committee (or a survey report in the direction of drinking spring water environment), the observation data on groundwater, the records of the utilization of groundwater, water quality survey data, etc., and then have the relevant disposal obtained the approval of the Jeju-do Council with regard to the purpose and use of groundwater, the volume of groundwater intake permission, etc., and thereafter, if there is an application for release of groundwater, the Defendant shall take the relevant disposal after examining the contents of application, the opinion of the head of Si/Gun

6) The current volume of the water intake permitted by the Plaintiff is 3,00 m2 per month and 3,000 m2 per month (at 36,000m per year, only 150,000 m24% per annum, which is the actual volume of groundwater used between Jeju-do). However, the permitted volume of the water intake permitted by the Jeju-do local development project is 26,040m per month. In addition, the groundwater is used with the permission for the development and utilization of groundwater for various food, liquor, golf course, hotel, etc., and most of the permitted volume is 2 to 30 times the Plaintiff.

[Reasons for Recognition] Facts without a partial dispute, Gap 2, 3, 4, 9, 10, 11, 15, 19, 20, 21, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

(B) Review

As seen above, the act of discretion, such as the permission for the release of this case, may set additional clauses even if there is no ground for law. However, the contents of the additional clauses should have relations with administrative purposes and should not be carried out more than necessary for administrative purposes, and the legal interests of the other party to which the public interest is to be achieved and limited thereby should be balanced.

(4) According to the above provisions and the above facts, the Special Act on Jeju-do's Development and Utilization of Groundwater for the purpose of preserving and managing the groundwater which was developed and sold indiscreetly for the purpose of profit-making, and requires the defendant's permission to use the groundwater for profit-making purposes, i.e., the sale and purchase of groundwater in Jeju-do or the removal of groundwater out of Jeju-do's own initiative. Article 33 (3) of the Special Act on Jeju Free International City provides that the plaintiff may not allow the defendant to manufacture and sell drinking water by using the first-do's own initiative's own initiative to use the groundwater for the purpose of developing and selling the groundwater, and it is difficult to apply the above provision to the person who intends to manufacture and sell drinking water for the purpose of using the groundwater for which the plaintiff would have obtained new permission to use the groundwater for the purpose of using the groundwater for the purpose of developing and using the groundwater for which the plaintiff would have obtained permission to use the groundwater for the purpose of using the existing development and use for the purpose of the Act.

In light of the above circumstances, ① permitting the Plaintiff to use and extend the volume of groundwater after collecting a certain amount of groundwater by its own determination that it does not cause harm to the management of groundwater, and permitting the Plaintiff to take out drinking spring water manufactured with groundwater outside the Do, but limiting the previous sales target to the Plaintiff, who already withdrawn the promise to supply it only to an affiliate, cannot be deemed a means appropriate for the administrative purpose of preserving and managing the local sewage (it is difficult to view the Plaintiff, a private company, to be treated differently from the ○○ Regional Development Corporation). Furthermore, even if the Defendant’s treatment is within the reasonable scope prior to the shipment permission method, it is difficult to view that the Plaintiff’s demand to take measures to temporarily suspend the use of groundwater by extending the period of the development and use of groundwater or temporarily suspending the use of groundwater, or that the Plaintiff’s demand to preserve and manage the drinking spring water for the purpose of selling it to the Plaintiff’s general public without any disadvantage that the Plaintiff would have to take by restricting the volume of groundwater to the Plaintiff’s sales volume of groundwater by taking advantage of the public interest.

Therefore, the subordinate officer of this case exceeded the necessary level for administrative purposes, and the private interest infringed upon by the plaintiff is too high compared to the public interest in the month, and thus, it goes against the principle of proportionality. Therefore, it is illegal because it constitutes abuse of discretion or deviation from the scope.

3. Conclusion

The plaintiff's claim seeking the revocation on the ground of the illegality of the father of this case shall be accepted on the ground of the grounds of the reasons, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition with the cancellation of the judgment of the court of first instance and acceptance of the plaintiff's claim.

OO (Presiding Judge)

○ ○

OO

Relevant statutes

[Constitution]

Article 120

(1) Minerals, and other important underground resources, fishery resources, hydroelectric power, and natural resources usable for economy may be licensed to collect, develop, or use them for a specific period under the conditions as prescribed by Act.

(2) National land and resources shall be protected by the State, and the State shall establish plans necessary for the balanced development and utilization thereof.

[Special Act on Jeju Free International City (amended by Act No. 7159 of Jan. 29, 2004); thereafter, the above Act was amended on July 2006

1. Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;

(1) have been abolished by the Corporation.

Article 26 (Basic Directions for Conservation and Management of Natural Environment)

(1) In formulating and implementing development policies and plans, the Jeju-do and competent Sis/Guns/Gus, and the Development Center shall have an environmentally sound and sustainable development, and shall also preserve and manage the natural environment so that Do residents may share benefits from the natural environment together and at the same time have an opportunity equivalent to the future tax prices so that the nature may be utilized.

Article 32 (Designation, etc. of Preserved Resources)

(1) If a Do Governor deems it necessary for the protection of resources of Jeju-do, he/she may designate such resources as are prescribed by the Municipal Ordinance of Do among rare Dongs and plants living in Jeju-do, minerals living in Jeju-do, etc. as resources to be preserved (hereinafter referred to as "resources to be preserved").

(2) The Governor shall publicly notify the designation of conservation resources under the provisions of paragraph (1) without delay.

(3) The Governor may prohibit the capture, deforestation, collection, or damage of preserved resources, as prescribed by the Municipal Ordinance of the Do, if deemed necessary for the protection of preserved resources, and may order to report such activities, to remove obstacles prohibited from disclosure, or to take other necessary measures.

(4) The Governor may bear or subsidize expenses incurred in the management or protection of preserved resources, if deemed necessary for the protection of preserved resources.

(5) A person who sells and purchases preservation resources in Jeju-do or takes them out of Jeju-do (in cases of mountain-do, referring to the outside of the reserve area in question) shall obtain the approval of the Governor, as prescribed by the Municipal Ordinance of the Do.

(6) The Governor shall compensate a person for any loss or damage caused by the disposition under the provisions of paragraph (3).

Article 33 (Special Cases concerning Permission, etc. for Development and Utilization of Groundwater)

(1) Notwithstanding Articles 7, 7-2, and 7-3 of the Groundwater Act and Article 9 and Article 9-2 of the Drinking Water Management Act, any person who intends to develop and utilize groundwater in Jeju-do shall obtain permission from the Governor: Provided, That this shall not apply to cases under Article 8 (1) 3 of the Groundwater Act.

(2) Where a person who has obtained permission under paragraph (1) intends to extend the period for the development and utilization of groundwater or to alter the permitted matters, he/she shall obtain the permission from the Do Governor.

(3) The Do Governor shall not grant permission under the provisions of paragraph (1) for the proper preservation and management of groundwater in cases falling under any of the following subparagraphs: Provided, That the same shall not apply where a local public enterprise established by Jeju-do under the Local Public Enterprises Act intends to manufacture or sell the products under subparagraph 1 to the extent that it does not impede the preservation and management of groundwater:

1. Where it is intended to manufacture and sell drinking spring water under subparagraph 3 of Article 3 of the Management of Drinking Water Act;

2. Where he/she intends to manufacture and sell soft drinks, alcoholic liquors, etc. using at least 98/100 of groundwater.

3. Other cases prescribed by municipal ordinance of a Do to prevent the pollution and excessive development of groundwater.

(4) A person who intends to obtain permission for the development and utilization of groundwater (including an extension of the permission period and permission for changes) under paragraphs (1) and (2) shall prepare and submit a groundwater impact investigation report as prescribed by the Municipal Ordinance of the Do and undergo an examination.

(5) The Governor may, if deemed necessary for the proper management of groundwater in granting permission under the provisions of paragraphs (1) and (2), restrict the volume of groundwater intake under the conditions as prescribed by the Municipal Ordinance of the Do.

(6) The Governor may order a person who installs facilities for the development and utilization of groundwater to take measures for the joint use of groundwater with users of surrounding land or facilities, as prescribed by the Municipal Ordinance of the Do, if deemed necessary for the proper management of groundwater. In such cases, the Governor may restrict the volume of groundwater intake or cancel the permission for the development and utilization of groundwater with respect to a person who refuses or fails

(7) The Governor may take step-by-step measures related to the restriction on the volume of water intake and temporary suspension of use, as prescribed by the Municipal Ordinance of the Do, if deemed necessary to prevent the exhaustion of groundwater due to droughts, excessive intake of groundwater, etc.

(8) The Governor may designate any of the following areas as a special traffic control district for groundwater resources, as prescribed by Municipal Ordinance of the Do. In such cases, the details of such designation shall be publicly notified, as prescribed by Municipal Ordinance of the Do:

1. An area where the groundwater level is remarkably lowered or is highly likely to be lowered;

2. An area where seawater or salt water is highly feared to intrude, or where the concentration of salt ion in groundwater exceeds the water quality standards for drinking water;

3. An area where it is necessary to restrict the development and utilization of groundwater for future water demand;

4. Other areas prescribed by Municipal Ordinance of a Do for the conservation of volume and quality of groundwater.

[Special Act on Jeju-do Development (amended by Act No. 6249 of Jan. 28, 200); thereafter, the Act was amended on April 1, 2002

It was repealed by the Special Act on Jeju Free International City enacted from the beginning)

Article 26 (Special Cases concerning Permission, etc. for Development and Utilization of Groundwater)

(1) Notwithstanding the provisions of Articles 7 and 8 of the Groundwater Act, a person who intends to develop and use groundwater in the Do shall do so under this Act.

Do Governor shall obtain permission from such Do Governor: Provided, That this shall not apply to cases under Article 8 (1) 3 of the same Act.

(2) An extension of the period for the development and utilization of groundwater or an alteration of permitted matters from among those who have obtained permission pursuant to paragraph (1).

Where it is intended to obtain permission from the Do Governor, as prescribed by the Ordinance of the Do.

(3) The Governor shall determine the provisions of paragraphs (1) and (2) in cases falling under any of the following subparagraphs for the proper preservation and management of groundwater:

No permission shall be granted pursuant to the provisions of the Local Public Enterprises Act: Provided, That a local public enterprise established by the Do under the Local Public Enterprises Act shall be

Where a person intends to manufacture or sell the products referred to in subparagraph 1 to the extent that it does not impede the preservation and management thereof, this shall not apply.

H.C.

1. Where it is intended to manufacture and sell drinking spring water under subparagraph 3 of Article 3 of the Management of Drinking Water Act;

2. Where he/she intends to manufacture and sell soft drinks, alcoholic beverages, etc. using groundwater of at least 98/100.

3. Other cases prescribed by the Municipal Ordinance of a Do for the prevention of groundwater pollution.

【Enforcement Ordinance of the Jeju Free International City】

Article 25 (Subject Matter of Designation of Preservation Resources) Resources to be Preserved under the provisions of Article 32 (1) of the Act (hereinafter referred to as "Preservation Resources").

The subjects to be designated as the Cultural Heritage Protection Act and the Jeju-do Ordinance on the Protection of Cultural Properties are as shown in the attached Table 6.

cultural properties designated under the Natural Environment Conservation Act, endangered and protected wild fauna and flora designated under the Natural Environment Conservation Act, and Hunting

Wild birds designated by Acts, natural protection forests and protected trees designated by the Forestry Act shall be excluded from the objects of designation.

(c)

Article 27 (Designation, Public Notice, etc. of Preservation Resources) (1) In the case of the designation or cancellation of conservation resources under Article 26, the place shall be

public notice of any official bulletin or information and communications network, etc. without delay, and if there is any owner or possessor of the preserved resources, public notice

the designation or cancellation of the existing resources shall be notified.

(2) The matters that are published pursuant to the provisions of paragraph (1) shall be as follows:

1. Type, designation number, name, quantity, and location of preserved resources;

2. Names and addresses of the owners or occupants of preserved resources;

3. Prohibited acts for preservation resources; and

4. The method of managing preserved resources.

5. Grounds for designation or cancellation;

Article 29 (Permission for Preservation Resources Sales Business) (1) In accordance with Article 32 (5) of the Act, for profit-making purposes in Jeju-do.

A person who intends to sell or purchase existing resources shall obtain permission from the Do Governor for the preservation resources trading business. Modification of permitted matters.

The same shall apply to the case in which it is intended.

(2) Any person who intends to engage in the preservation resources trading business under paragraph (1) shall file a license for the preservation resources trading business in attached Form 3.

A written request shall be submitted to the Do Governor.

(3) When the Governor receives an application under paragraph (2), he/she shall handle it within ten days from the date of receipt.

shall be granted and, in cases of permission, a license for the preservation resources trading business in attached Form 4 (hereinafter referred to as "license") shall be issued.

Highly permitted matters shall be recorded and managed in the ledger of permission in attached Form 5.

(4) When the certificate of permission is damaged or lost, the preservation resources dealer may request the Do governor to reissue the certificate.

(c)

(1) The criteria for the permission for the business of trading preserved resources under the provisions of Article 29 shall be as follows:

- The same shall apply to one of its members.

1. Where there is no hindrance to the preservation and management of preserved resources and the interests of Do residents are consistent with the interests of Do residents;

2. Where it is necessary for public institutions, such as the State and local governments, to implement public or official projects;

3. Where the Governor deems it necessary.

(2) Where the Governor permits a preservation resources trading business under paragraph (1), he/she shall efficiently preserve and carry out preservation resources.

any condition necessary to raise an objection may be attached thereto.

(3) If a person who has obtained permission for a preservation resources trading business falls under any of the following subparagraphs, the Governor shall conduct a sale business of preserved resources:

license may be revoked.

1. Where any preserved resources illegally collected are traded;

2. Where he ships out of the Jeju-do area (in the case of a company residing in mountain, referring to an area outside the reserve; hereinafter the same shall apply) without obtaining the permission for shipment;

3. If it fails to comply with any condition of permission or directions given by the permitting authority.

Article 33 (Permission for Shipping Preservation Resources out of Jeju-do Area) (1) The conservation resources under Article 32 (5) of the Act shall be taken out from Jeju-do area.

A person who intends to file an application for permission in attached Form 9 with the Do Governor via the head of the competent Si/Gun.

A permit for removal shall be obtained.

(2) When the head of a Si/Gun receives an application for permission pursuant to paragraph (1), he/she shall attach a written opinion, etc.

The Do Governor shall submit it within five days.

(3) The Governor shall comply with any permit or condition granted under paragraph (1) or take out of the scope of such permit or condition.

If it is deemed that the value of preserved resources may be damaged by such reason, the permission may be revoked.

Article 34 (Criteria for Permission on Shipping Preservation Resources out of Jeju-do Area) The permission on shipping Preservation Resources out of Jeju-do area under Article 32 (5) of the Act.

The standards shall be as follows:

1. Where they are taken out for the purpose of exchanges of local culture, such as exhibition of preserved resources;

2. Where the Do Governor deems it necessary to take them out for experiment or research purposes.

3. Other cases consistent with the interest of the Do residents and deemed by the Governor.

Article 35 (Procedures for Shipping Preservation Resources out of Jeju-do Area) (1) A person who desires to take conservation resources out of Jeju-do area shall take such resources out of Jeju-do.

It shall be taken out after obtaining a certificate: Provided, That it shall be taken out outside the Jeju-do area of groundwater for the manufacture and sale of drinking spring water.

This shall not apply to withdrawal.

(2) Any person who intends to obtain a certificate of shipment under paragraph (1) shall file an application for issuance of a certificate of shipment in attached Form 10.

shall be submitted to the Director.

(3) Upon receipt of an application under paragraph (2), the Do Governor shall record it in the ledger of issuance of shipment certificates in attached Form 11.

Then, a certificate of release in attached Form 12 shall be issued.

(4) Detailed matters concerning the sale, purchase, and removal of preserved resources shall be prescribed by the Rules.

[Management of Drinking Water]

Article 3 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "drinking water" means natural water commonly used for drinking purposes, and tap water, drinking spring water, deep sea drinking water, etc. treated adequately to drink natural water;

2. The term " spring water" means raw water to be used for drinking purposes in a natural state, which makes it possible to maintain safety of the water quality, such as groundwater or spring water in rock aquifers;

3. The term "drinking spring water" means spring water that is processed to make spring water potable by means of physical treatment, etc.;

Article 9-3 (Restriction, etc. on Development of Spring Water)

(1) Where the Mayor/Do Governor deems as a result of the examination of environmental impacts under Article 15 that it may affect the development of other public groundwater resources or the quality, etc. of surface water, he/she may not conduct the permission for the development of spring water under Article 9.

(2) In conducting permission for the development of spring water under Article 9, a Mayor/Do Governor may attach necessary conditions, such as restricting the volume of daily water intake according to the results of examination of a survey document under Article 15.