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(영문) 서울행정법원 2015.07.16 2015구합59808

액화석유가스 충전사업 허가처분 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. According to Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), and Article 13(1) [Attachment Table 1] [Attachment Table 5(e)(10) of the Enforcement Decree of the same Act, in order to install a liquefied petroleum gas charging station for motor vehicles in a development restriction zone, permission from the head of the relevant Si/Gun/Gu shall be obtained. B. Based on the aforementioned Act and subordinate statutes, the Defendant, on June 11, 2014, publicly notifies “plan for the placement of a filling station for motor vehicles in a development restriction zone of Gangseo-gu, Seoul Special Metropolitan City” (hereinafter “instant

(2) The criteria for application and the criteria for the selection of a liquefied petroleum gas filling station in a development restriction zone are as follows: 1. Article 12(8) of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 22(2) of the Enforcement Decree of the same Act are as follows: < Amended by Presidential Decree No. 10684, Jul. 30, 1971> Article 2(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Presidential Decree No. 13584, Feb. 2, 2008> Article 22(1) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones:

Provided, That where a liquefied petroleum gas filling station for motor vehicles in Gangseo-gu urban center is relocated to a development restriction zone and installed, the relevant business operator may also apply.

3. Article 3 (4) of the Safety Control and Business of Liquefied Petroleum Gas Act and the Enforcement Rules thereof;