전기사업 불허가처분 취소 청구의 소
1. On June 2, 2016, the Defendant’s disposition of non-permission to operate the electricity business (solar power generation) against the Plaintiff shall be revoked.
2...
1. Details of the disposition;
A. On June 14, 2016, the Plaintiff filed an application for electric utility license (hereinafter “instant application”) with the Defendant with the content of “type of solar power generation business (so-called solar power generation business), the place of installation (i.e., 1,702 square meters), and matters concerning electric facilities for electricity business: 99.20KW, supply voltage 380V, installation method 3 commercial 4 commercial lines, and the preparation period necessary for the business: 36 months from the date of permission.”
B. On June 2, 2016, the Defendant issued a notice of non-permission of the instant application (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant application is located within 300 meters in a straight line from the residential densely-populated area under Article 9(1)1 of the Guidelines for Operation of Development Permission (hereinafter “instant Guidelines”) (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission. However, the said claim was dismissed on September 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8, 9, 17, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's main purport of the plaintiff's assertion is that the plaintiff's internal provision of the detailed criteria for permission for development activities is only an internal provision of the defendant, and thus, the disposition of this case solely based on the guidelines of this case is unlawful.
(2) In particular, Article 9(1)1 of the Guidelines of this case is "New and Renewable Energy Act" hereinafter referred to as "New and Renewable Energy Development, Use and Diffusion Promotion Act.
It shall be null and void in violation of Articles 1 and 4.
③ The application of this case does not harm the surrounding landscape even after solar power facilities are installed. In the past, the defendant has already been placed in the vicinity of the site of this case.