공장신설불승인처분취소
1. The plaintiff's appeal is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The part of the judgment of the court of first instance cited in the part of the judgment of the court of first instance, which contains the following: “The plaintiff’s assertion” and “related Acts and subordinate statutes (including attached documents)” are identical to the corresponding part of the judgment of the court of first instance; thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Determination
A. According to the Industrial Cluster Act, a person who intends to establish a factory with a factory construction area of at least 500 square meters shall obtain approval from the head of a Si/Gun/Gu (Article 13(1)); and regarding matters consulted with the head of the relevant administrative agency when granting approval for factory establishment, etc., permission for development activities, etc. under Article 56(1) of the National Land Planning and Utilization Act on the site adjacent to the relevant factory and access road shall be deemed to have been granted (Article 13-2(1)5). In addition, Article 19(2) of the Enforcement Decree of the Industrial Cluster Act provides that when an application for approval for factory establishment, etc. is filed, the head of a Si
On the other hand, Article 56(1) of the National Land Planning and Utilization Act provides that construction of buildings, construction of structures, and alteration of land form and quality (title 1) shall be conducted through development activities subject to permission by the head of a Si/Gun/Gu. Article 58 of the National Land Planning and Utilization Act provides that permission for development activities shall be granted only when the details of application for permission for development activities meet standards for permission (Paragraph 1), but the standards are prescribed by Presidential Decree according to the classification
(3) Article 58(1)4 and (3) of the National Land Planning and Utilization Act and Article 56(1) [Attachment 1-2] [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act provide for the standards for permission for the relation with the neighboring area in particular.
According to this, permission for development activities is a land use condition or a land use plan in the surrounding area, and a building.