사업계획불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 2014, the Plaintiff filed an application with the Defendant for approval for the establishment and operation of a small and medium enterprise establishment business (including permission for development, permission for mountainous district conversion, and permission for construction; hereinafter “instant application”) by newly constructing and operating a manufacturing factory (a building area of 1,785.13m2, hereinafter “instant factory”) outside Gwangju Mine-gu, Gwangju, and four lots (hereinafter “instant application site”).
B. On January 19, 2016, the Defendant notified the Plaintiff of non-permission regarding the instant application (hereinafter “instant disposition”) on the following grounds (hereinafter “instant disposition”).
1) According to Article 35 of the Support for Small and Medium Enterprise Establishment Act, the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) as a result of consultation with the authorizing and permitting departments.
) In legal review of Article 56, non-consultations are notified of the field of urban development and development permission from the field of urban development (detailed description classification; hereinafter referred to as “reason 1”).
(2) The project application site is deemed inappropriate for individual factory sites pursuant to Article 36 of the Integrated Guidelines for Development of Industrial Sites (hereinafter “instant Guidelines”) on the ground that C village residents, D enterprises, convalescent hospitals, and disabled facilities, etc., which are collective development areas, are already living in the existing areas, such as noise, dust, vibration, generation of vibration, traffic accidents, and congested container manufacturing businesses, which are anticipated to coexist with existing villages (hereinafter “instant Guidelines”). The three project application site is located adjacent to village, D enterprises, hospitals, and disabled facilities, etc., and the majority of residents, such as neighboring residents, hospitals, patients, and persons related to D enterprises, etc. of the project application site, are opposed to the establishment of a factory on the grounds that noise, dust, vibration, traffic accidents, etc. are likely to exist in the project site.