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(영문) 부산고등법원 2015.08.28 2015누21322
개발제한구역내 액화석유가스충전소 사업자지정신청서 반려처분 등 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

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, Article 13(1) [Attachment Table 1] 5(e) [Attachment Table 1] 10 of the Enforcement Decree of the same Act, in order to install rest areas, gas stations, and liquefied petroleum gas filling stations for automobiles in development restriction zones, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall obtain permission from the head of a Si/Gun/Gu, and the head of a Si/Gun/Gu shall establish a plan for the placement of rest areas, gas stations, and liquefied petroleum gas filling stations for automobiles in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. B. The Defendant, on June 16, 2014, publicly announced the following plans for and standards for the placement of liquefied petroleum gas charging stations for automobiles, resting places

(2) The allocation quota, etc. referred to in paragraph (1) of this Article shall be set forth in the attached Table 1, with the exception of the maximum available water. Article 4 (Standards for Installation and Permission) (5) The allocation quota, etc., of a liquefied petroleum gas filling station, rest area, and facility standards in a development restriction zone shall comply with the Act on Special Measures for Designation and Management of Development Restriction Zones, the National Land Planning and Utilization Act, the Safety Control and Business of Liquefied Petroleum Gas Act, the Road Act, the Road Act, the Farmland Act, the Environment (Water Quality and Air), the School Act, the Framework Act on Fire Services, the Standards for related Acts and subordinate statutes, such as the Cultural Heritage Protection Act, etc., the Public Notice on Standards for Permission, etc. for liquefied petroleum gas Business, the Busan Metropolitan City's Shipping and Daegu Gas Gas Business, and the Public Notice on Permission, Facility Standards, etc.

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