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The defendant shall be innocent.
Reasons
1. A person who intends to temporarily use a mountainous district for the extraction of minerals, mining damage prevention under the Mining Industry Act, and mining damage prevention under the Mining Industry Act, or for other purposes prescribed by Presidential Decree under the facts charged shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of types, size, etc.
Nevertheless, the Defendant, on October 23, 2015 and October 26, 2015, did not obtain temporary permission for mountainous district conversion from the number of Taean-gun in land on the land outside Chungcheongnam-gun, Chungcheongnam-gun, and four lots outside Chungcheongnam-gun, and collected 2,000 square meters from the site of approximately 2,000 square meters in the above forest, and carried them out.
2. Determination
(a) Article 5 (1) of the Mining Industry Act provides that “The minerals separated from the land in a mining area without mining rights or mining concessions shall be owned by the mining right holder or mining concession holder;
Provided, That minerals separated from the land in the course of the cultivation of crops, installation of structures, construction of buildings, etc. by a landowner and a person who has a legitimate title to the land shall belong to the owner of the relevant land and the person who has a legitimate title to the land, but the owner of the land and the person who has a legitimate title to the land shall not be entitled to transfer separated minerals for the purpose of profit.
“......”
This is the principle that ownership of minerals takes precedence over the rights of mining right holders, but in this case, the rights of land owners are excessively reduced so that there is a lot of dispute to prescribe exceptions as the proviso, thereby maintaining balance with the rights of land owners.
In this case, it was found that sand in the road construction section was found in the process of carrying out the “F expansion and packing construction” with the permission to convert mountainous districts on the forest and field, including the land in the Yan-gun and the 13th, Chungcheongnam-gun, Chungcheongnam-gun, and the land in the Haan-gun. Thus, the ownership of the instant company is in Taean-gun.