개발행위불허가처분취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On February 23, 2018, the Plaintiffs filed an application for permission to engage in development activities for solar power generation business (hereinafter “instant application”) with respect to the Defendant on the 14,697 square meters (hereinafter “instant application site”) out of the D Forest in Bocheon-si D, Bocheon-si.
B. On May 2, 2018, the Defendant rendered a disposition rejecting the instant application against the Plaintiffs for the following reasons (hereinafter “instant disposition”).
Pursuant to the provisions of Article 34 of the Natural Environment Conservation Act, this area is designated and managed as “Class 2 zone on ecological and natural map” or “Class 1 zone on ecological and natural ecosystem” which requires the conservation of the natural ecosystem, so it is necessary to preserve forests, such as the conservation of the natural environment, as it is highly likely to impair and damage surrounding scenery at the time of installation of solar power infrastructure. - The ecological and natural map is prepared by the Ministry of Environment after investigating ecological values, etc. of nationwide, river, inland wetlands, lakes, marshes, farmland, cities, etc., the ecological and natural value of which is assessed accordingly. The ecological and natural map is divided into the conservation and restoration of the natural environment, the degree of damage caused by the conservation, development and utilization of the natural environment, the degree of ecological and natural environment Grade 2 zone is to be systematically developed and used, the degree of damage caused by the conservation, development and utilization of the natural environment, and the degree of ecological and natural environment Grade 3 zone is to be classified. - The Ministry of Environment’s first-class zone on ecological and natural map is to be partially modified (Public Notice).
(d) Permission of development may only be granted in accordance with the relationship with the surrounding area, but the surrounding area of the first-class zone on the ecological and natural map due to the development activities;