채광계획 불인가처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation as to this case is as follows, except where the corresponding part of the judgment of the court of the first instance is added or the judgment is determined in addition to paragraph (2) of the same Article, and thus, it is identical to the ground of the judgment of the court of the first instance. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation
Newly Inserted by Presidential Decree No. 20111Du7519, Feb. 14, 2013; Supreme Court Decision 2001Du1519, Oct. 11, 2002; Supreme Court Decision 2001Du151, Oct. 11, 2002>
Section 11.On 14, the following shall be added:
“(4) The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)
Article 58(1) of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall grant permission for development activities or permission for modification only when the details of application for permission for development activities meet the following standards. Article 58(1) of the same Act provides that “The actual use condition of surrounding areas or the land use plan, the height of buildings, gradient and status of land, water drainage, water drainage, drainage of river, lake and marsh, etc. shall be in harmony with surrounding environments or scenery,” and Article 5
Article 56 (1) attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, which prescribes the standards for permission for development activities under Article 58 (3) of the National Land Planning and Utilization Act, shall be classified into a common field among the matters to be examined by field, and the preservation is not necessary because it does not fall under the good farmland, etc., ② There is no need to preserve the original form in accordance with historical, cultural, local values, national defense purposes, etc.; ③ In cases of changing the form and quality of land or collecting earth and rocks, the standards prescribed by urban or Gun planning ordinance shall be determined in consideration of the elevation, slope,