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(영문) 대구지방법원 2019.05.29 2018구합24829

전기사업불허가처분 취소

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The Defendant’s provisional injunction against the Plaintiff on August 31, 2018, against the Plaintiff, and against the Plaintiff B on October 1, 2018.

Reasons

1. Details of the disposition;

A. On July 19, 2018, Plaintiff A filed an application for electric utility business license to install solar power generation facilities of 5,530 square meters in size, 290.175 KW size, Plaintiff B, on July 16, 2018, with the installation area of 5,530 square meters in Yancheon-gun, Yancheon-gun (hereinafter “the first application area”), and 2,59 square meters in size and 1,524 square meters in size (hereinafter “the second application area”). < Amended by Presidential Decree No. 2083, Jul. 16, 2018; Presidential Decree No. 20445, Jul. 16, 2018; Presidential Decree No. 20477, Aug. 4, 297.

B. On August 31, 2018, the Defendant rendered a disposition of non-permission for the electrical business (hereinafter “each of the instant dispositions”) to the Plaintiff A and the Plaintiff B on October 1, 2018 on the following grounds.

The criteria for permission for the electrical business under Article 7 of the Electric Utility Act and Article 4 of the Enforcement Decree of the same Act shall not conflict with the relevant individual laws.

b. D&D of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) - Pursuant to Article 24-2 of the Ordinance on the National Land Planning and Utilization of theYcheon-gun Gun Planning, power production facilities should not be located within 500 meters (300 meters in the case of other local rivers) from the boundary of national rivers and local rivers (F) under the River Act. However, within 500 meters from the boundary of national rivers (F), the first application of the instant case is located within 500 meters from the boundary of local rivers (F) and the second application of the instant case is located within 500 meters from the boundary of the local river (F). The permission of the instant case may not be granted for the electric utility business to carry out as a comprehensive opinion plan. However, even if it is impossible to permit the electric utility business as a result of the review of the relevant law, it is not likely that the electric power generation project will be carried out as planned, and thus, it is inappropriate under Article 7(5)2 of the Electric Utility Act.

2. Each of the instant cases.