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(영문) 광주지방법원 2017.08.24 2016구합13007
채광계획 불인가처분 취소
Text

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. The Plaintiff is a mining right holder who completed the registration of mining rights for twenty (20) years from April 14, 2012 to April 13, 2032, with respect to the Gwangju District No. 10 located in the Jeon-gun BROM.

Plaintiff 281, a mining right holder of the mineral name of the mining area, the mining area of which is the location of the mining area, shall be entitled to receive a report

B. On March 12, 2013, the Plaintiff filed an application with the Defendant for authorization of a mining plan in the form of complex civil petitions, including permission for development and application for conversion of farmland, pursuant to Article 42(1) of the Mining Industry Act and Article 38(1) of the former Enforcement Decree of the Mining Industry Act (amended by Presidential Decree No. 26187, Apr. 7, 2015; hereinafter “former Enforcement Decree of the Mining Industry Act”).

C. On March 18, 2013, the Defendant requested the head of the YY to hold consultation on whether to permit development activities, etc. in the mining area pursuant to Article 43(2) of the Mining Industry Act, and the relevant public officials of the Plaintiff, the Defendant, and the YY were jointly conducted on March 21, 2013.

Based on the results of the on-site investigation conducted as above, the Defendant made a request for supplementation on April 4, 2013; thereafter, the Defendant continued to make a request for reexamination, reexamination, etc. on October 15, 2013; accordingly, the Plaintiff submitted the supplementary documents on October 28, 2013; however, on November 4, 2013, the Defendant requested the Plaintiff to submit the supplementary documents, such as a mining plan, and the minutes or written agreement gathering opinions of the landowners and residents in the vicinity of the access road, but did not supplement the application for this case on the grounds that it was not submitted (hereinafter referred to as “prior return disposition”).

E. On February 6, 2014, the Plaintiff dissatisfied with the preceding return disposition and filed an objection with the Minister of Trade, Industry and Energy, but the Minister of Trade, Industry and Energy dismissed the Plaintiff’s objection through a resolution of the Mining Coordination Committee on October 20, 2014. The Plaintiff was the Gwangju District Court 2015Guhap10209 on January 21, 2015.

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