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(영문) 제주지방법원 2017.03.29 2016구합98

징계처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff is a public official who has overall control over the approval of the development project E (amended) by the head of Seopo-si D and the head of division affiliated with D from January 8, 2013 to January 7, 2014.

Plaintiff

B From July 29, 2011 to January 7, 2014, and Plaintiff C from January 8, 2013 to January 7, 2014, respectively, are public officials in charge of E-related affairs, such as approval of development projects, under the jurisdiction of Seopo City from January 8, 2013 to January 7, 2014.

B. 1) F Co., Ltd. (hereinafter “project operator”)

A) The “H development project” with the content of constructing recreational condominiums, etc. on G 107,811 square meters in Seopo-si, Seopopo-si (hereinafter “instant development project”).

On November 20, 2008, the project implementer obtained approval from the defendant on the condition that "the consultation (environmental and traffic impact assessment) and the conditions assigned at the time of the prior examination of factors influencing disasters shall be thoroughly implemented, and the implementation method of the contents of consultation shall be described and implemented (general conditions Paragraph 1), "the implementation of all measures shall be taken to prevent damage to surrounding areas and various civil petitions during the implementation of the project (general conditions Paragraph 4)," "the implementation of the project shall be carried out after the procedure is completed, and the implementation of the development project shall be subject to prior consultation with the relevant departments (general conditions Paragraph 7)" after the approval of the development project in this case, on the condition that "the implementation of the project shall be completed after the implementation of the project and the implementation of the project shall be completed after the implementation of the project in advance, and shall be approved by the relevant departments (general conditions Paragraph 7)" in order to ensure the view of the sea from the road located north of the project district in the process of discussions, such as Seocho-si for the preparation of the environmental impact assessment report."

3. A project implementer shall have the results, etc. of deliberation on construction plans for buildings within the instant development project implemented around May 2013.