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(영문) 부산고등법원 2016.10.26 2016누20203
개발제한구역내 액화석유가스충전소 사업자지정신청서 반려처분 등 취소
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the 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”), Article 13(1) [Attachment Table 1] [Attachment Table 5(e)5(10) of the Enforcement Decree of the same Act, in order to install rest areas, gas stations, and liquefied petroleum gas charging stations for automobiles in development restriction zones, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall obtain permission from the head of the Si/Gun/Gu, and the head of the Si/Gun/Gu shall establish a plan for the placement of rest areas, gas stations, and liquefied petroleum gas charging stations for automobiles in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. (b) On June 16, 2014, the Defendant published a plan for the placement and installation of rest areas for automobiles to be placed within development restriction zones in accordance with the said Act

(2) The allocation quota, etc. referred to in paragraph (1) of this Article shall be set forth in Article 4 (Standards for Installation and Permission) (5) The allocation quota, etc. of liquefied petroleum gas filling stations, rest area and facility standards in development restriction zones shall be prescribed by the Act on Special Measures for Designation and Management of Development Restriction Zones, the National Land Planning and Utilization Act, the Building Act, the Road Act, the Farmland Act, the Environment Act, the School Health Act, the Framework Act, the Framework Act on Fire-Fighting Safety, the Fire-Fighting Services Act, the standards for the related Acts and subordinate statutes, such as the Cultural Heritage Protection Act, the standards for permission for liquefied petroleum gas filling business, the announcement of the standards for permission for liquefied petroleum gas filling business, the Busan Metropolitan City's permission and facility standards, etc.

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