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(영문) 광주고등법원 2019.12.26 2019누12011
골재채취업영업정지처분 취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part, including the background of the disposition, is the same as the corresponding part of the reasoning of the judgment of the first instance, except for a partial dismissal as follows. Thus, this part of the pertinent part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

B, C, D, and E’s four lots (hereinafter “instant place of business”) in the 6th line to 7th line, shall be considered as “Seoul-gun E and 3 lots.”

2. The plaintiff's assertion

A. In addition, the Plaintiff has lawfully collected earth and rocks after obtaining permission to collect earth and rocks in accordance with the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the Farmland Act, and there was no fact that the Plaintiff performed restoration work to restore the land damaged by the legitimate collection of earth and rocks and extracted aggregate without obtaining permission.

Therefore, there is no reason for the instant disposition that violated Article 22 (1) of the Aggregate Extraction Act.

Since the ground for disposition that the Plaintiff violated Article 32 (1) of the Aggregate Extraction Act was excluded from the ground for disposition in this case by the Defendant to the court, the Plaintiff’s assertion related thereto is not determined (see this Court’s first argument report).

Even if the instant disposition causes exist, it is unlawful that the disposition of business suspension for six months was taken by a mistake in applying the disposition standards, or that the Plaintiff abused or abused discretion by excessively harshly treating the Plaintiff.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. 1) The purpose of relevant legal principles is to contribute to the efficient use of aggregate resources and the growth of the national economy by prescribing basic matters regarding the extraction of aggregate, such as supply and demand of aggregate and the registration of aggregate extraction business, in order to ensure the smooth supply and demand of aggregate and prevent disasters arising from the extraction of aggregate (Article 1, and to this end.

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