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(영문) 대구지방법원 2017.09.27 2017구합21823
전기사업불허가처분 취소 청구 소
Text

1. On March 24, 2017, the Defendant’s disposition of non-permission to operate the electricity business with respect to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 11, 2017, the Plaintiffs filed an application for permission to operate each electric utility business (hereinafter “instant application”) with the Defendant, as indicated below, to install solar power generation facilities on the ground of 295,041m2 (hereinafter “instant application site”).

Plaintiff

The installation area at which the name of the power plant is installed (KW) power generation capacity (FF 6,824, 994.95 B H 7,875 1,133.64 C Isolar power plant 7,986 1,981.73 DJJ power plant 7,920 on September 5, 994; 6,824.95

B. On March 24, 2017, the Defendant issued a notice of non-permission regarding the instant application (hereinafter “instant disposition”) to the Plaintiffs on the following grounds.

It shall notify the following pursuant to Article 7 of the Electric Utility Act and Article 6 of the Enforcement Rule of the same Act:

Attachment (Written Opinion of Review)

1. According to Article 56 of the National Land Planning and Utilization Act and Article 51 of the Enforcement Decree of the same Act, the installation of power production facilities in violation of the operating guidelines for permission for development activities of Ulsan-do forces is subject to permission for development activities under the provisions of Article 56 of the same Act and Article 51 of the Enforcement Decree of the same Act. According to Article 3 of the operating guidelines for permission for development activities of Ulsan-do forces on July 22, 2016, solar power production facilities shall not be located within 1 km from major roads, such as national highways, local highways, Gun roads, and Myeon roads. However, the application of this case is located within 1 km from Gun roads 12 lines to 1 km. 2. In violation of the Enforcement Decree of the Management of Mountainous Districts Act (the ground for Disposition 2), among attached Table 4 of Article 20(6) of the Enforcement Decree of the Mountainous Districts Management Act (the details of the business plan related to the act of conversion should be specific and reasonable, and the purpose of conversion should not be executed without delay (e).

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