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(영문) 서울행정법원 2018.04.19 2017구합81168
전원개발사업 실시계획 승인처분 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) established an implementation plan for the instant project in order to promote electric power resource development projects (154kV KKN construction projects; hereinafter referred to as the “instant project”) with the content of building electric power transmission lines of 154 km voltages, length of 10.28 km, and 28 power transmission towers, with the aim of preparing for the increase in electric demand and providing stable power supply in the area of the strengthened military forces, and applying for the approval of the said implementation plan to the Defendant.

B. On June 4, 2015, the Defendant approved the instant project implementation plan pursuant to Article 5(1) of the former Electric Source Development Promotion Act (amended by Act No. 13862, Jan. 27, 2016; hereinafter the same) and publicly notified the details of the approval pursuant to Article 5(5) of the same Act on June 10, 2015.

(Public Notice of the Ministry of Trade, Industry and Energy, hereinafter “instant disposition”).

The Plaintiffs are the owners or residents of the land, which is the planned site for the transmission tower number L or M section (hereinafter referred to as “instant section”) to be installed according to the instant project, or the land located in the adjacent strengthening military Sri (hereinafter referred to as “Sri”).

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Intervenor’s assertion 1) In the process of obtaining the approval of the implementation plan for the instant project, the Intervenor did not undergo the hearing procedure of opinions under Article 5-2(1) and (2) of the former Electric Power Source Development Promotion Act and Article 18-4(1) and (3) of the Enforcement Decree of the same Act and the prior notification procedure of dispositions under Article 21(1) of the Administrative Procedures Act. As such, the instant disposition is unlawful. (2) The instant project implementation plan prepared by the Intervenor to the farmland belt between U and V.

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