Whether permission for standing timber mining may be refused if such permission is necessary for important public interest, such as maintaining the national land and nature and preserving the environment (affirmative)

In full view of the legislative purpose of the Forestry Act that intends to contribute to the preservation of the national territory and the sound development of the national economy by prescribing fundamental matters concerning the multiplication of forest resources and forestry, the protection and development of forests, the improvement of forest productivity, and the enhancement of functions of forests, and the public interest of the State, and the head of a Si/Gun in receipt of an application for permission for felling standing timber or digging-out, etc., the head of a Si/Gun may refuse to grant permission if he/she deems it reasonable to grant permission by investigating and ascertain whether the timber subject to felling or remaining timber is appropriate, or by investigating and ascertaining whether the timber subject to digging-out or gathering is appropriate. Article 90(1) of the Forestry Act, Articles 85(2) and 93(2) of the Enforcement Rule of the same Act, and Articles 85(2) and 93(2) of the same Act, which provide that a permit shall be issued, and the felling in a forest shall directly affect the preservation of the national territory and nature and the environment.

Article 90(1) of the Forestry Act, Article 85(2), and Article 93(2) of the Enforcement Rule of the Forestry Act

Supreme Court Decision 96Nu624 delivered on January 20, 1997

Han Il-Gyeong Corporation (Attorney Han Han-woo, Counsel for defendant-appellant)

Ulsan Metropolitan City Head of Dong-gu (Law Firm International Law Firm, Attorney Ha Man-young, Counsel for defendant-appellant)

Busan High Court Decision 2000Nu2730 delivered on June 22, 2001

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

In full view of the following: (a) the purpose of the Forestry Act that intends to contribute to the preservation of national land and the sound development of the national economy by prescribing fundamental matters concerning the multiplication of forest resources and forestry; (b) the purpose of the legislation of the Forestry Act that intends to contribute to the preservation of national land and the sound development of the national economy; (c) the head of a Si/Gun in receipt of an application for permission to cut standing timber or extract standing timber, etc.; (d) the appropriateness of the selection of standing timber subject to cutting or remaining timber; and (e) the details of the provisions of Articles 90(1) and 85(2) and 93(2) of the Enforcement Decree of the Forestry Act that provide that a permit shall be issued if it is deemed reasonable to grant permission by investigating and ascertaining the appropriateness of the activities subject to cutting, extraction, or extraction; and (e) the felling of standing timber in a forest directly affecting the preservation of national land and nature, and the preservation of the environment. In light of the aforementioned legal nature and location of the land subject to permission to cut standing timber and its surrounding environment, etc.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Cho-Un (Presiding Justice)