The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 12(1) of the Management of Mountainous Districts Act provides that no conversion or temporary use of a mountainous district for forestry use may be permitted to be converted or temporarily used to perform an act falling under any of the following subparagraphs exceptionally. Article 13 provides that “construction of facilities necessary for community development and industrial development as prescribed by Presidential Decree” is “construction of facilities necessary for community development and industrial development as prescribed by Presidential Decree.” Article 12(10) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 25952, Dec. 31, 2014; hereinafter the same shall apply) provides that “facilities necessary for community development and industrial development as prescribed by Presidential Decree” means facilities installed by the head of the relevant administrative agency after consultation with the Minister of the Korea Forest Service, etc. for which permission for temporary use of a mountainous district or reporting on temporary use of a mountainous district is deemed granted or granted under Article 2(1) of the Water Quality and Ecosystem Conservation Act (hereinafter “Water Quality Ecosystem Act”) shall be excluded:

(hereinafter referred to as “instant provision”). The term “specific substances harmful to water quality” here refers to substances of 28 species, including mercury, lead, hydrogen, mercury, cadmium, and its compounds, which are prescribed in Article 4 and attached Table 3 of the Enforcement Rule of the Water Quality Conservation Act, and are likely to directly or indirectly harm human health, property, or the growth of animals and plants.

(Article 2 subparag. 8 of the Water Quality and Ecosystem Act). The instant provision shall enhance productivity in forestry.