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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 14, 2012, the Plaintiff filed an application with the Defendant for permission to collect soil and stones 1,363,216 cubic meters from August 8, 2012 to December 31, 2021 (hereinafter “instant application”). The Plaintiff filed an application with the Defendant for permission to collect soil and stones 1,363,216 cubic meters from August 14, 2012 to December 31, 2021.
B. On September 17, 2012, the Defendant: (a) deemed that the Plaintiff’s collection of earth and stone is inappropriate for the permission standards for the collection of earth and stone on the following grounds; and (b) rendered a refusal of the permission (hereinafter “instant disposition”).
(1) The farm roads to be used for the removal of the earth or stone shall not be subject to the approval for use by the Korea Rural Community Corporation for any purpose other than its original purpose. (2) The farmland located adjacent to the application site and concerns over damage to farmland due to stone, dust, etc. when permission for the collection of earth or stone is granted. (3) The adjoining roads adjacent to the entrance roads for the collection of earth or stone is likely to cause damage to farmland and dust, noise, etc. at the time of the operation of a large dump truck as farmland and the Yeongsan and Seomjin bicycle lane. (4) The entrance roads of the project plan are non-fluoring roads and it is difficult to drive large dump trucks trucks because it is difficult to reach the project plan. (5) The likelihood of damage, such as water pollution, etc. due to the inflow of stone, etc. into the lake and marsh. (6)
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Disposition grounds ① (1) Article 28 of the former Mountainous Districts Management Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Mountainous Districts Management Act”) and Article 24 of the former Enforcement Rule of the Mountainous Districts Management Act (amended by Act No. 314, Oct. 26, 2012; hereinafter “former Enforcement Rule of the Mountainous Districts Management Act”) do not stipulate the criteria for permission for use of agricultural infrastructure for purposes other than those of the Rearrangement of Agricultural and Fishing Villages Act as required.