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A Study on Occupation Permission of a River and Public Water Surface and Approval of a Mining Plan

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 40(), pp.69-95
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

양승업 1

1강원대학교

Accredited

ABSTRACT

An exclusive use permission right of a River and Public Water Surface is the use of res publica by a patent. When doing exclusive use permission, a problem of the order of priority can occur. A government agency can't cancels or withdraw the administrative disposition in optional way. The third person who makes the profit on the law can raise a revocation suit of disposal. When getting main permission, consider to have got related permission by other laws. This is called a Permission Legal Fiction system. The target for Legal Fiction is unlimited. But when it's always groundless legally, it won't be. We have the biggest effect of a Permission Legal Fiction on unification at the permission part. Before permitting it mainly, it has to be under the conference beforehand with a permission government office for Legal Fiction. Occupation Permission of a River and Public Water Surface must receive a rightful person's agreement. When it's a harmful mine in the environment, an interest person can suffer the environmental damage. When the environmental damage is expected, it's possible to consult an opinion of an environmental impact assessment person. Because Occupation Permission Disposal of a River and Public Water Surface is a patent, an administrative agency doesn't permit it.

Citation status

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