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

A. On July 28, 2014, the Plaintiff was permitted from the Gangwon-do Governor to implement the solar power generation business with a facility capacity of not more than 3,000 kw (hereinafter “instant business”). On September 29, 2014, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the construction of a site for solar power generation facilities with respect to Gangnam-si, Gangwon-si, Busan High-do, and five parcels (hereinafter “each land of this case”).

B. On November 4, 2014, the Defendant rendered a disposition rejecting an application for permission for development activities (hereinafter “instant disposition”) on the ground that each of the instant lands to the Plaintiff constituted a protected forest, such as where trees with good form and quality grow wildly, and is located in neighboring villages and surrounding forests, and where they appear on the east Highway and develop the relevant place, the natural landscape may be damaged, as well as excessive damage to forests may cause serious accidents when a typhoon or a heavy rain is likely to occur (hereinafter “instant disposition”).

【Ground of recognition】 Each entry in the evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion (1) is that the instant project is subject to a small-scale environmental impact assessment under the Environmental Impact Assessment Act, and the head of the approving agency, etc. shall request consultation with the Minister of Environment before approving or confirming the relevant project. The Minister of Environment may request the head of approving agency, etc. to supplement or adjust a small-scale environmental impact assessment report or the relevant project plan, and the head of approving agency, etc. shall comply with the request unless there are any special reasons to the contrary, but he/she violated Articles 44(2), 45(1) and (3), and 46(1) of the Environmental Impact Assessment Act by taking the instant disposition before the Defendant is notified of

(2) In addition, the project of this case is subject to prior examination of factors influencing disasters under the Countermeasures against Natural Disasters Act.