2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff was established on June 29, 2017 for the purpose of solar power generation projects.

B. On September 28, 2017, the Plaintiff filed an application for electricity business with the Defendant for the period of preparation necessary for the business, 36 months from the date of permission, with the place of installation as the Gangwon-do Crossing-gun B forest No. 26,777mm2, C forest No. 1320,026m2 (hereinafter “instant place”), the facility capacity as 2,000m2, and the installation capacity as 2,000m2, and the period of preparation necessary for the business as 36 months from the date of permission.

(c) Article 98 (1) of the Electric Utility Act and Article 62 (1) 1 of the Enforcement Decree of the same Act;

A. On November 10, 2017, the Defendant delegated the authority to permit the electricity business by the Minister of Trade, Industry and Energy pursuant to item, against the Plaintiff on the ground that “The location of this case is within 30 meters from the road, and within 100 meters from the house, it violates the guidelines for the operation of the Crossing Development Permission (hereinafter referred to as the “Guidelines”) stipulated in Article 4 of the Guidelines for Operation of the Crossing Power Development Permission (500 meters from the road and 150 meters from the house) and thus, it is deemed that the electricity business cannot be carried out as planned pursuant to Article 7 of the Electric Utility Act and Article 7 of the Enforcement Rule of the same Act” (hereinafter referred to as the “instant disposition”).

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) Even if the permission for development activities is granted under the National Land Planning and Utilization Act (hereinafter "National Land Planning Act"), the permission for development activities is not deemed granted under Article 7 (5) of the Electric Utility Act and Article 7 of the Enforcement Rule of the same Act does not stipulate the permission criteria to obtain permission under other Acts and subordinate statutes. Thus, the "electric utility business can be conducted according to the plan" under Article 7 (5) 2 of the Electric Utility Act is an electrical business.