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(영문) 춘천지방법원강릉지원 2014.09.02 2014구합77
산지일시사용신고반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are not disputed between the parties, or may be acknowledged upon considering the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1, 2, 3, and 5:

On March 5, 2012, the Plaintiff reported temporary use of farmland of 16,176 square meters, among 27,372 square meters in Gangnam-si B forest land, at the risk of the purpose of temporary use. On March 26, 2012, the Defendant filed a request to supplement the said requirements to the effect that “in order to cultivate ornamental forest plants, such as wild edible products, medicinal herbs, medicinal herbs, medicinal herbs, landscape trees, and wild flowers, it shall obtain “authorization of forest management plan” as prescribed by the Creation and Management of Forest Resources Act in accordance with Article 4 of the Gangwon-do Guidelines for Report on the Temporary Use of Forest Resources, on the ground that “the Plaintiff did not meet the said requirements,” and the Plaintiff requested to supplement the said requirements by April 20, 2012.

B. However, the Plaintiff failed to obtain authorization on the forest management plan regarding the instant forest land within the said supplement request period, and the Defendant rendered the instant disposition that rejected the Plaintiff’s report on temporary use of the forest land pursuant to Article 13 of the Civil Petitions Treatment Act and Article 15 of the Enforcement Decree of the same Act on April 23, 2012 on the ground that the Plaintiff failed to submit supplement documents.

2. Whether the disposition is valid;

A. Where a report on temporary use for cultivating wild edible products, etc. under Article 15-2(2)4 of the Mountainous Districts Management Act is filed, the Defendant, an administrative agency, has a duty to accept the report, unless there is a violation of the law. However, it is unlawful for the Defendant to demand supplementation of the requirements not stipulated in the law based on the Gangwon-do Guidelines for Reporting Temporary Use of Specific Use of Forest Products, which is a general rule for administrative affairs, on the ground that it is illegal for the Defendant to not comply with the request for supplementation.

Furthermore, since the above defects are serious and clear, the disposition of this case is null and void.

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