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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. The Plaintiff is a corporation that registered an aggregate extraction business (a) on May 12, 2003.
B. Article 14(3) of the Aggregate Extraction Act amended by Act No. 8479 on May 17, 2007 newly established a provision that “a person who has registered an aggregate extraction business under paragraph (1) shall report matters concerning the registration standards under paragraph (2) to the head of a Si/Gun/Gu every time the period prescribed by Presidential Decree expires within the extent of two years.” The Plaintiff did not report the matters concerning the registration standards to the Defendant on May 17, 2008 pursuant to the above provision and Article 1 and (5) of the Addenda of the same Act (hereinafter referred to as “scheduled report”). The Defendant accepted the above report on June 17, 2008, and notified the Plaintiff of the following reporting period to the Defendant “from June 18, 2010 to July 17, 2010.” However, the Plaintiff did not report to the Defendant periodically during the period from June 18, 2010 to July 17, 2010.”
C. (1) Article 14(3) of the Aggregate Extraction Act amended by Act No. 11016, Aug. 4, 2011 provides that “A person who has registered an aggregate extraction business shall report matters concerning registration standards to the head of a Si/Gun/Gu every time the period prescribed by Presidential Decree elapses within the scope of two years.” Article 2 of the Addenda thereto (hereinafter “the Addenda provision”).
(2) From February 22, 2012, Article 14(3) and Article 19-2(1) of the Enforcement Decree of the Aggregate Extraction Act (amended by Presidential Decree No. 24068, Aug. 22, 2012; Presidential Decree No. 24068, Aug. 22, 2012; Presidential Decree of the Aggregate Extraction Act (amended by Presidential Decree No. 24068, Aug. 22, 2012); the period of periodic reporting “two years” was changed from August 23, 2012 to “three years” from the enforcement date of the said Enforcement Decree; and Article 327 of the Ordinance of the Ministry of Land, Infrastructure and Transport amended by Act No. 327, Jan. 21, 2013.