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(영문) 청주지방법원 2019.06.20 2019구합5200

개발행위불허가처분취소

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1. The Defendant’s disposition of non-permission to engage in development activities on August 17, 2018 is revoked.

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

Reasons

1. Details of the disposition;

A. For the purpose of constructing solar power facilities (hereinafter “instant facilities”) on the 4,990 square meters (hereinafter “instant application site”) outside Jincheon-gun, Jincheon-gun, and two parcels (hereinafter “instant application site”), the Plaintiff was licensed to engage in the electric power generation business on March 26, 2018 by the Defendant.

B. On April 12, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the instant project (hereinafter “instant application”). With respect to the prior examination of factors influencing disasters submitted by the Plaintiff on April 20, 2018 and the small-scale environmental impact assessment submitted on May 3, 2018, the Defendant requested the respective relevant departments to respond to their opinions.

C. On June 15, 2018, the Defendant was notified of the result of the small-scale environmental impact assessment consultation from the head of the Geum River basin basin environmental office to the effect that “the preservation of the C original form in the application site of this case, the establishment and implementation of measures to protect the protected species of the court, measures to reduce dust and noise during construction, water quality preservation, and the prevention of geographical geological damage, etc.” The Defendant was notified of the results of the consultation on the examination of factors influencing disasters from the head of the Safety Construction Department under the Defendant’s jurisdiction. At that time, the Defendant sent the Plaintiff the consultation opinions on the Geum River basin basin basin basin basin and

On July 2018, the Plaintiff submitted to the Defendant a prior report on the factors influencing disasters (Evidence A 9-1) that reflects the review opinions on the factors influencing disasters. Around August 8, 2018, the Plaintiff prepared and submitted a prior report on development activities for deliberation by the Gun Planning Committee (Evidence B No. 3). At the time, the review data states that “to submit documents” regarding matters related to the consultation on small environmental impact assessment.

see subparagraph 3-23(e).

After that, the Plaintiff revised the project plan on August 14, 2018 by reflecting the opinion of consultation on small environmental impact assessment around 10:38 on August 14, 2018 and preserving C in its original form on the southwest of the application site of this case.