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(영문) 서울행정법원 2015.07.16 2015구합53848

액화석유가스충전소 선정신청 반려처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. According to Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), and Article 13(1) [Attachment Table 1] [Attachment Table 5(e)(10) of the Enforcement Decree of the same Act, in order to install a liquefied petroleum gas charging station for motor vehicles in a development restriction zone, permission from the head of the relevant Si/Gun/Gu shall be obtained. B. Based on the aforementioned Act and subordinate statutes, the Defendant, on June 11, 2014, publicly notifies “plan for the placement of a filling station for motor vehicles in a development restriction zone of Gangseo-gu, Seoul Special Metropolitan City” (hereinafter “instant

(2) The criteria for application and the criteria for the selection of a liquefied petroleum gas filling station in a development restriction zone are as follows: 1. Article 12(8) of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 22(2) of the Enforcement Decree of the same Act are as follows: < Amended by Presidential Decree No. 10684, Jul. 30, 1971> Article 2(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Presidential Decree No. 13584, Feb. 2, 2008> Article 22(1) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones:

Provided, That where a liquefied petroleum gas filling station for motor vehicles in Gangseo-gu urban center is relocated to a development restriction zone and installed, the relevant business operator may also apply.

3. Article 3 (4) of the Safety Control and Business of Liquefied Petroleum Gas Act and the Enforcement Rules thereof;