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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 9, 2012, the Plaintiff filed an application with the Defendant for the collection of soil and stones 1,986,965 square meters (hereinafter “instant application site”) during the period from January 1, 2013 to June 6, 202, from the area of 14 lots, including 185,619 square meters of land A, 76,627 square meters, both 185,619 square meters in total, and 189,818 square meters in size (hereinafter “1,234 square meters in site”; 13,979 square meters in original preservation; 13,979 square meters in access roads; 9,605 square meters in land; hereinafter the same shall apply); and the Plaintiff filed an application for the collection of soil and stones 1,986,965 square meters in land A, Gun, and 204,67 square meters in front of the Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same). hereinafter the same).
The details of the application are as follows:
B. On December 20, 2012, the Defendant issued a disposition of disapproval of collection of earth and rocks (hereinafter “instant disposition”) to the Plaintiff on December 26, 2012, following the procedures for deliberation by the civil petition coordination committee.
【Grounds for Dismissal】
1. Plans for installing access roads;
A. According to Article 24(1) of the Enforcement Rule of the Management of Mountainous Districts Act, the establishment of access roads is required to prevent forest disasters by stabilizing the surface of a road by cutting down the area with a width of 50 to 60 cm every 2 to 3 meters in an area where the surface of a road is likely to collapse or collapse down, in accordance with the standards for design and facilities of forest roads.
(2) There is a need to install a mobile passage for wild animals to prevent the destruction of ecosystem, but this does not take into account the need to prevent it.
③ 절토부의 법면(法面, 도로나 철도선로를 설치하기 위하여 천연지반을 잘라내거나 성토하는 경우 그 경사면 부분)구배(勾配, 기울기)가 1:0.8~1.2 정도로 슬라이딩 및 낙석 우려가 높아 안전사고 위험까지 있는 것으로 판단된다.
Therefore, it is inappropriate to permit development activities.
(b) 1. Do roads B.