beta
(영문) 전주지방법원 2018.05.16 2017구합2285

견책처분취소

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. From February 6, 2013 to August 6, 2014, the Plaintiff served as the head of Jeonbuk-gun C division, and has overall control over the recovery of mountainous districts within B.

B. D Co., Ltd. (hereinafter “Nonindicted Company”) obtained permission for mountainous district conversion (consultation) on April 7, 2008, to build the FFC club (hereinafter “instant golf club”) for E members, and constructed the instant golf club.

C. During the construction of the instant golf course, in violation of Article 101 of the Rules on the Determination, Structure, and Establishment Standards of Urban and Gun Planning Facilities (hereinafter “Rules”), the non-party company committed six instances where the vertical height of the sloped surface of the mountainous district is at least 30 meters (hereinafter “instant non-violationd surface”), and the non-party company filed a design for restoration with B around October 28, 2013, to recover the mountainous district around October 28, 2013 when the non-violationd surface occurred.

The Plaintiff requested the Nonparty Company to supplement the plan for restoration to meet the standards for approval of the plan for restoration prescribed by relevant statutes four times, and on December 31, 2013, the Plaintiff received and approved the revised plan for restoration to the extent that the vertical height of the slope of the instant violation does not exceed 30 meters.

(hereinafter “this case’s approval process”). (e)

On March 11, 2015 and April 21, 2015, a non-party company applied for an inspection of completion of restoration works on two occasions, and the non-party company notified the non-party company that it does not meet the standards for approval of the plan for restoration because the non-party company in this case was the non-party in violation.

F. A non-party company filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission to the effect that it does not approve the completion inspection of restoration works even if the non-party company performed restoration works according to the approved plan for restoration works. The Anti-Corruption and Civil Rights Commission on November 1, 2016 is the non-party.