2012Nu2342 Revocation of a building permit

Co.*** Energy

Daejeon Woo-gu00 Dong-dong

Representative Director XX

Law Firm Newly Inserted by Act No. 1060

[Defendant-Appellant]

Daejeon Metropolitan City*the head of Gu

Attorney Seo-sung et al., Counsel for the defendant

Records of litigation performers, Park Jong-chul, Occinarys, Professor Park Jong-young

Attached Form 1 is as shown in the list of supplementary intervenors.

Law Firm Masan, Attorney Park Jae-san

Attorney Na-soo

Daejeon District Court Decision 2012Guhap920 decided September 19, 2012

November 21, 2013

December 5, 2013

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit shall be borne by the Plaintiff, including the cost of the defendant’s supplementary participation.

1. Purport of claim

On February 13, 2012, the defendant revoked the revocation of the building permit on two lots, which the plaintiff made on February 13, 2012.

2. Purport of appeal

The same shall apply to the order.

1. Details of the disposition;

A. On August 26, 201, the Plaintiff obtained a building permit (hereinafter referred to as “instant building permit”) from the Defendant on the ground of Daejeon Seo-gu 00 Dong-gu, Daejeon-gu, and two lots (hereinafter referred to as “the site for the instant building”).

○ Building Use: A general steel-frame structure: 4th floor area on the ground: 913 square meters in total; 3,194 square meters in total; 4th floor area on the ground;

○○ septic tank: A sewage pipe D = 150mm, excellent pipes D = 300m structure: A chimney structure: A chimney structure: a height of 30m, x5.43m in length, x 43m in size, 28m in size. 89m in size.

B. On August 31, 201, the Plaintiff obtained permission for the installation of air emission facilities from the Defendant with respect to the electric power station as indicated in the paragraph (a) scheduled to be constructed in the instant application site (hereinafter “electric power station of this case”).

C. However, on February 13, 2012, the Defendant issued the instant disposition revoking the instant construction permit on the following grounds (hereinafter referred to as “the following grounds for disposition” in sequential order).

① The Defendant 1 was notified by the Ministry of Government Legislation Deliberation Committee on the 43th Interpretation of the Ministry of Government Legislation (on November 22, 201), of the result of deliberation that the RPF (closed plastic solid fuels) fuel cannot be used within the Daeduk Special Research and Development Zone. ② The residents of 4,000 opposing the moving-out opposition to the power plant and the commencement of construction due to fear of environmental damage to the 2nd Special Research and Development Zone submitted a group of civil petitions over several times. Although the Defendant urged the Plaintiff to communicate with the residents, it is difficult for the Plaintiff to talk about the general matters without the residents’ opinion, and thus, it is anticipated that it is difficult to implement the project for the power plant.In particular, it is anticipated that the construction is difficult to carry out the project due to extreme behavioral behavior caused by conflict between the starting-up residents and the building owner at the present time. ③ The construction is expected to have a direct impact on the surrounding housing environment in the special zone.

D. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on April 23, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and 8 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

1) The non-establishment of the underlying legislation

Since the defendant did not present the relevant laws and regulations regarding the disposition of this case, the disposition of this case must be revoked in an unlawful manner.

2) Non-existence of grounds for disposition and deviation and abuse of discretionary power

The instant disposition should be revoked on the grounds that the facts are different from the facts as follows, or because it is unlawful by abusing or abusing discretionary power.

A) Since the instant application is outside of the Taeduk Special Research and Development Zone (hereinafter referred to as the “Special Zone”), the “RPF fuel cannot be used within the special Gu” is not subject to the application of the Special Zone 1.

B) Grounds to oppose neighboring residents do not constitute grounds to revoke a building permit.

C) Since the instant power plant is scheduled to install air emission facilities and emit more air pollutants than the permissible emission levels, the instant power plant is unlikely to cause direct environmental damage to the area in the special zone and neighboring housing prices due to the operation of the instant power plant.

D) The Plaintiff purchased the instant application site as the site of the instant power plant with trust in the instant building permit, and concluded a contract for the construction of an exclusive fuel boiler and a steam supply contract. On the revocation of the instant building permit, the Plaintiff invested in the instant power plant business. Once the instant building permit was revoked, the Plaintiff would incur economic damage of KRW 00 million to the Plaintiff.

B. Relevant statutes

Attached Form 2 is as listed in the relevant statutes.

(c) Fact of recognition;

1) Although the instant application is outside of a special zone, on the 1417-lane road (Wang third line), the width of the instant application is located at a distance of 10 meters from the instant application and the instant 10-meter, which is located in the special zone, and the motor vehicle inspection station of Daejeon Police is located adjacent to the port of the Korea Transportation Safety Authority. On the north from the instant application site, neighboring neighborhood living facilities, such as small factories and convenience stores in the general industrial area, are located adjacent to the north.

The remaining side of the application of this case and the virtue is passing along, and the Daejeon Factory Co., Ltd. and Daejeon Industrial Complex Co., Ltd. (former Daejeon 34 Industrial Complex) are located in the Doctrine as the Doctrine is located (the number of workers engaged in the 316 enterprises located in Daejeon Industrial Complex shall be approximately 11,380).

At the same location of the application of this case, a large scale of CJ Korea-based Daejeon Complex 2 Hex Terminal is located, and the CJ Korea-based Daejeon Daejeon Complex 2 Hex Terminal entry road and the housing and apartment complex complex are located in the direction of the private-distance dynamics as hecopic as hecopic, and the area of the land on which the application of this case was filed is located on the neck-dong residential area (including residents' approximately 6,476 dwelling, housing, apartment, trees, living sports center for the Gu residents, and Gu residents' parks, etc.).

2) At a distance of 10 meters from the place of the instant application, the Daejeon Daejeon Police Station and the Daejeon Daejeon Factory in the Republic of Korea in the Republic of Korea, which are located in the Republic of Korea, are included in the special zone area.

The distance from the place of application in this case to the beginning point of the Dong Dong-dong residential area is about 250 meters, and it is about 1km away from the high-rise residential complex, which is observed at the place of application in this case, to the Daejeon Pung EXE apartment, which is a high-rise residential complex. The major of the Republic of Korea, located at the corner of the road in the Dong-dong residential area, is located at a large scale equal to the total size of the residential area in the Dong-dong residential area, and is located at the place of view from the entry to the entry route of the CEY-dong 2 Heung-dong Do-dong BB terminal.

3) After obtaining the instant building permit, the Plaintiff entered into a construction contract with the owner of the instant plant with the content of building a power plant installed with an exclusive fuel boiler facility in the instant building site between the owner of the said plant and the owner of the said plant. The Plaintiff engaged in the instant power plant business for the purpose of supplying steam produced from the installation and operation of the instant power plant to the Daejeon Heat Joint Power Generation Co., Ltd. located in the special zone.

The Daejeon Heat Co., Ltd., located in the Daejeon Industrial Complex, obtained permission to produce steam using solid fuels, but currently, the use of solid fuels is restricted due to the fact that it is included in the special zone area, and LNGs and mitts are used as fuel.

Industries in the special zone are producing energy using clean fuels, and the Daejeon Factory in the Japanese-Japan also operates boiler using LNG, a clean fuel, and produce heat energy.

4) With respect to the operation of the power plant of this case, the Plaintiff planned to produce steam of 184,536 tons per day by using the RPF and WCF 21,898 tons and WCF 21,385 tons per year by operating the power plant of this case by 24 hours per year and 330 days per year. In the process of incineration of solid fuels, 1,000 cc above 1,00 cc in the process of the operation of the power plant of this case, it is expected that a high-speed of 1,00 cc in air pollutants (dusts, SO2, NO2) and 421.375 tons in air (the discharge quantity after treatment from air discharge facilities is planned to be 48.59 tons) as a year.

The solid fuels to be used in the instant power plant include metal ingredients, such as lead, mercury, mercury, ione, nitroel, etc. The metal ingredients are not removed by burning, and are the same or similar to dust and emission flow, and are in the nature of being discharged into the atmosphere as they are injected and contained in dust which is an incombustible substance.

5) The type of air pollutants that are anticipated to be emitted due to the operation of the instant power plant, the concentration at the disposal stage, the treatment efficiency, and the permissible emission levels are as listed in Table 1 below. The Plaintiff obtained permission to install air emission facilities with respect to the instant power plant as listed in Table 2 below, but the Defendant revoked the permission to install air emission facilities on March 21, 2013, when the instant lawsuit was pending. [Attachment 1]

A person shall be appointed.

A person shall be appointed.

[Attachment 2]

A person shall be appointed.

6) All companies using solid fuels located in a light-based type fuel boiler in operation with the permission to install and operate emission facilities are generating civil petitions. Air pollutants emitted by a business entity using solid fuels are known to the effect that they may have adverse effects on human health by causing respiratory diseases, waste diseases, and heart diseases, such as dust, nitrogen oxides, sulfur oxides, sulfur oxide, iona, dysium (HC), sulfur oxide (HC), mercury carbon, iona, mercury, and chrost diseases. In fact, residents living in the vicinity of the said business entity have filed a civil petition, claiming inconvenience caused by smoke and malodor.

7) At the time of the instant construction permit, the Plaintiff did not emit any malodor externally in the process of storing solid fuels. The malodor generated in the process of burning solid fuels is emitted into clean gas only after being treated from the burning gas treatment equipment, so it does not have any influence on malodor generation in the site and its neighboring areas. The Plaintiff submitted a supplementary plan to the Defendant, with the possession of a portable malodor measuring instrument, to “to measure malodor (marine, sulfur oxide, etc.) in the area where the site boundary of the factory site is located and to thoroughly control the minimum emission,” and the Defendant examined the content that the malodor in the instant power plant does not constitute malodor-emitting facilities under the Malodor Prevention Act with respect to the instant power plant.

8) According to the results of the prior Formula 16 (No. 16), the impact of air proliferation caused by the operation of the instant power plant, which was implemented by the professor in 2013, was predicted and investigated as follows: (a) even in cases where the instant power plant is operated and emission facilities are normally operated and treated as air pollutants, the impact of air pollution was likely to be affected by large-scale pollution in some areas of the instant plant, including the area adjacent to the instant application; and (b) where emission facilities are not normally installed, it was predicted that such impact could be affected by large-scale area in the special zone, including the area of a wooden residential area and Daejeon Pung xlust apartment.

9) On December 28, 2007, the Daejeon Metropolitan City Mayor announced a malodor control area as a public notice No. 2007-208 of Daejeon Metropolitan City on December 28, 2007. The designated malodor control area is Daejeon 1, 2 industrial complex and dialogue Dong, Eup/Myeon/Dong, Dong/Dong area at the time, and Daejeon 3, 4 industrial complex and Dong-dong, Myeon-dong, Myeon-dong, and Dong-dong general industrial area.

The Daejeon Metropolitan City set the period from 2009 to 2011 as the implementation period of the comprehensive plan for malodor control to achieve 70% of the reduction of malodor in comparison with the year 2008, and suggested and implemented the establishment of strict emission standards ordinances, the establishment of joint malodor technology groups among the public, private and public, and experts, the regular evaluation of the performance of the reduction of malodor, the strengthening of resident malodor monitoring activities.

On the basis of 201, the air pollutant emission quantity of the business places of the business places of the business of the business places of the business of the business places of the business of the business places of the business of the business places of the business of the business places of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business(the business places of the business places of the business places of the business of the business of the business of the business of the business of the business of the business of the business of the business of the Republic of Korea(the business places of Daejeon), the business places of the business places of the business of the business of the business of the business of the corporation

The frequency and intensity of malodor, which is sensitive to the Taeduk Industrial Complex and its surrounding areas, was investigated to have been significantly improved in 2012, but prior to that, the malodor was caused by the substance discharged from the workplace to the degree of causing serious inconvenience to the health and living environment, and the neighboring residents suffered suffering, and the continuous civil petition filing and conflict were caused.

As a result of designating malodor control areas and conducting special management and control, malodor issues are gradually improved, but there are still many civil petitions such as malodor and smoke due to the operation of Daejeon Factory, Daejeon, Inc., Ltd., and in the business places of Daejeon Industrial Complex, more than permissible emission standards and more business places are in receipt of fines for negligence, warning, and improvement order due to violations such as non-performance of malodor prevention plan.

10) A plan for the management of a special zone for the development of Taeduk Research and Development Zone (No. 2008-1403, Ministry of Knowledge Economy) publicly notified pursuant to Article 34 of the Special Act on the Promotion of Taeduk Special Research and Development Zone (No. 2008-140, Ministry of Knowledge Economy) provides that "designated malodor substances under the Malodor Prevention Act and the category of business in which emissions of specified air pollutants under the Clean Air Conservation Act are anticipated" shall be defined as the category of business restricted in the occupancy of Chapter II and Annex III [the current status of business eligible to move in and limited to the industrial facilities zone of the special zone], and Article 34 of the Management Plan provides that resident institutions and enterprises shall use clean fuels (LNG) for the pleasant waiting transit of the special zone.

If it is based on the environmental impact assessment at the time of the creation of the previous Daejeon 3 and 4 industrial complex (as of December 1989), an area within 3 km radius from the center of the industrial complex and the center of the industrial complex are expected to change in the environment at the time of the creation and utilization of the industrial complex, and it includes a wooden residential area.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 6, 14 through 16, Eul evidence Nos. 5, 6, 8, 9, 12 through 20 (including each number), the result of the on-site inspection by the court of the trial, the fact inquiry by the Gyeonggi-do Governor of the court of the trial, the purport of the whole pleadings, and the purport of the whole pleadings.

D. As to the assertion that the disposition-based statute was not presented

1) Relevant legal principles

Article 23 (1) of the Administrative Procedures Act provides that " When an administrative agency takes a disposition, the administrative agency shall present the basis and reasons to the parties except in cases of a simple and repetitive disposition or minor disposition which is recognized as all as such in the case of the disposition, where the parties can clearly know the reasons therefor."

However, since the Administrative Procedures Act does not have any provision on the basis of the disposition and the degree of presentation of the reason, it is problematic whether a certain degree of entry can be deemed lawful as a presentation of reasons under the Administrative Procedures Act. Considering that the legislative intent of Article 23(1) of the Administrative Procedures Act focuses on providing the other party to the administrative disposition with convenience in making a decision on whether to object to the other party to the administrative disposition and filing an objection rather than the efficiency and appropriateness of the administrative action, it is sufficient if the disposition was made for any reason from the other party to the disposition, and if the reasons are specifically presented to the extent that it can be possible to know how to devise the right to remedy for

2) Whether the instant disposition violates Article 23(1) of the Administrative Procedures Act

According to Gap evidence Nos. 3 and Eul evidence Nos. 3, although the relevant laws and regulations are not stated in the disposition of this case, the grounds for the disposition of this case have been specifically presented throughout paragraphs 2 through 4, and the defendant conducted the hearing procedures related to the disposition of this case on Jan. 30, 2012, prior to the disposition of this case, and the plaintiff participated in the hearing procedures and provided sufficient explanation about the grounds for the disposition of this case. According to the above facts, even if the relevant laws and regulations were not clearly stated in the disposition of this case, it seems that the plaintiff did not have any particular impediment in taking measures for objection against the disposition of this case. Meanwhile, the disposition of this case can be revoked, withdrawn, or altered on his own without any separate legal grounds (see, e.g., Supreme Court Decision 2003Du4669, May 25, 2006). Thus, it is difficult to deem the grounds for revocation of the construction permission of this case as unlawful solely on the ground that the disposition of this case was revoked.

Therefore, this part of the plaintiff's assertion is without merit.

E. Whether the grounds of appeal Nos. 1 and 3 of this case are legitimate

1) As to the ground for No. 1 of this case

2. As recognized in paragraph (c), the instant application is filed outside the special zone, and thus, it cannot be a justifiable ground for revoking the instant building permit on the ground that the pertinent application cannot be used as a PEF fuel in the special zone.

2) As to the ground for No. 2 of this case

However, the construction permit cannot be revoked or withdrawn only due to the fact that there are many civil petitions by neighboring residents, unless there is a need for other public interests. Therefore, the ground for the second ground of this case cannot be a justifiable ground for the revocation of the construction permit of this case.

3) As to the ground of appeal No. 3

A) The revocation of a building permit and the legal doctrine on deviation and abuse of discretionary power

Since cancellation or withdrawal of a beneficial administrative act, such as building permission, infringes upon the other party's vested rights and interests, the disposition of profits may be taken or withdrawn in cases where the necessity of the public interest needs is compared and compared to the important public interest needs that should be revoked or withdrawn, and the disadvantage that the other party would suffer, and where it would justify the disadvantage that the other party would suffer, then the disposition of profits may be taken or withdrawn. In such cases where the other party's interest arising from the cancellation, etc. is greater than the necessity of the public interest needs, the disposition of profits, such as cancellation, etc., may not be taken unlawfully as it deviates from and abused the discretionary authority (see, e.g., Supreme Court Decision 2009Du17018, Apr. 8, 2010).

B) Whether the grounds for No. 3 of the instant case are deviates from or abused by discretion

2. In light of the following intentions revealed in the facts acknowledged under paragraph (c), the public interest needs to restrict the installation and operation of the power plant of this case to the extent that the Plaintiff suffered losses due to the necessity of restricting the installation and operation of the power plant of this case. Thus, the ground for No. 3 of this case, which was made through a reasonable comparison and balancing between public interest and private interest, is just and reasonable, and the disposition of this case is reasonable, and there is no violation of law that deviates from or abused the discretionary authority.

1. The residents of a wooden Dong residential area and Daejeon Pung x-si, located near the place of application in this case, shall have the atmosphere of 1 to 3 places of business (11 places of business, etc., including Daejeon LLC, Ltd.) located in a malodor control area.

Along with the operation of the power plant in this case, there have been constant civil petitions filed in appeal to the competent authority that there has been damage to life and health for several years due to malodor, smoke, dust, etc., and that there has been pain and inconvenience to this, and if there is a aggravation of mass quality, malodor, etc. due to air pollutants emitted after the combustion of RPF fuel and the emission of malodor, etc. are added to the operation of the power plant in this case, it seems that there is a concern that damage to neighboring residents may be aggravated due to the uniform increase of existing air pollutants, malodor, etc.

② The filing of the instant application is located outside 10 meters in the area of the special zone, but is adjacent to the Daejeon Police Station and the Daejeon Factory Co., Ltd. located in the area of the special zone. The purport of the Special Act, which makes it impossible to use solid fuels emitting air pollutants in the area of the special zone, is to make it impossible to use clean fuels in the area of the special zone, and, in fact, to supply steam produced by the Plaintiff to Daejeon Heat Power Co., Ltd. in the area of the special zone, which is operated outside 10 meters in the area of the special zone, if it is intended to supply the steam produced by the Plaintiff using solid fuel in the area of the special zone to the Daejeon Heat Power Co., Ltd. in the area of the special zone, it is likely to seriously undermine the purport of the provision that limits the

③ Although the instant disposition would result in disadvantage to the Plaintiff, there was no construction under the instant construction permit until the instant disposition, and even according to the steam supply contract between the Plaintiff and the main food company that developed Daejeon fever, the Plaintiff would be automatically terminated when the instant construction permit was revoked, and no agreement including particular damages was made. Of the instant application site, the part where the gas station business facilities were installed prior to the instant disposition and operated as the gas station was maintained until now, and the portion which the factory was operated as the factory is maintained. As such, the Plaintiff’s disadvantage following the revocation of the instant construction permit could be reduced by monetary losses, and the compensation would be minimized.

4) Sub-committee

Therefore, the disposition of this case, which was made to the effect that the building permit of this case is revoked on the grounds of the No. 3 of this case, is legitimate, and the plaintiff's assertion is eventually without merit.

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked as it is unfair, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

Notarial Award (Presiding Judge)

Excursion ship poles

Madonia

(i) [Special Act on the Fosterage of Seoul Special Research and Development Zone]

Article 34 (Formulation, etc. of Special Zone Management Plans)

(1) The Minister of Knowledge Economy shall hear opinions of the competent Mayor/Do Governor and formulate and publicly announce special zone management plans after consultation with the head of the relevant

(2) A special zone management plan shall include the following:

1. Basic directions for the management of special zones;

2. Location and size of the special zone;

3. Plans for classification and management of land use in special zones;

4. Installation of infrastructure in the special zone, such as water supply, energy, communications, traffic, and distribution facilities;

5. Matters regarding the conservation of greenbelts and the environment.

[Management Plan for Soduk Special Research and Development Zone (No. 2008-140 of Ministry of Knowledge Economy)]

Chapter 3.2 (1) (2) : Types of business that can be occupied in an industrial facilities zone are as shown in attached Form 3.

Article 3 (Status of Types of Business Allowed to Occupy Special Zone Industrial Facilities Zones and Restricted Types of Business)

Types of business restricted in occupancy: Designated malodorous substances as prescribed by the Malodor Prevention Act and business which are expected to emit specified hazardous air pollutants as prescribed by the Clean Air Conservation Act.

Part III 3.3: Residential and enterprise should use clean fuels (LNG, etc.) for the maintenance of the pleasant atmospheric environment in a special zone, and the Minister of Knowledge Economy may request the Minister of Environment to designate and give public notice of air quality regulation area to the Minister of Environment pursuant to Article 8-3 of the Clean Air Conservation Act if it is necessary to improve the atmospheric environment.

(ii) the air pollutants emitting the hydrogen, dust, sulfur oxide, nitrogen oxides, sulfur oxides, amloxane, sulfur oxide, and hydrogen, etc.; and

Of dust shall be the average of 93,609.8km for a year at Daejeon District Co., Ltd., the average of 1 year of nitrogen oxides.

Discharge quantity is 266,766.2k, Daejeon Factory Co., Ltd. 84,618.2kg, which discharges 84,618.2kg.

investigation was conducted.

(iii)a management plan shall be directed, managed to maintain a quiet and pleasant research environment in the surrounding natural environment; and a pleasant study;

In order to preserve the environment, a management policy "to maintain a proper development density and to restrict the location of environmental pollution facilities" is established.

Attached Table 1

Intervenor joining the Intervenor

(Omission)

Attached Table 2

Relevant statutes

/Building Act (amended by Act No. 11365, Feb. 22, 2012)

Article 11 (Building Permits)

(1) A person who intends to construct or repair a building shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu: Provided, That where he/she intends to build a building for the use and size prescribed by Presidential Decree, such as a building of 21 or more floors, he/she shall obtain permission from

(5) Where a building permit is granted under paragraph (1), any of the following permission, permission, or reporting shall be deemed granted or filed, and in cases of factory construction, authorization, permission, or reporting under relevant Acts shall be deemed granted or filed pursuant to Articles 13-2 and 14 of the Industrial Cluster Development and Factory Establishment Act:

3. Permission for development activities under Article 56 of the National Land Planning and Utilization Act;

Article 18 (Restrictions on Building Permits, etc.)

(1) If the Minister of Land, Transport and Maritime Affairs deems it particularly necessary for national land management, or the competent Minister deems it particularly necessary for national defense, the preservation of cultural heritage, the preservation of environment, or the national economy, he/she may restrict

(2) Where a Mayor/Do Governor deems it particularly necessary for a local plan or an urban or Gun plan, he/she may restrict the commencement of buildings permitted or permitted by the head of a Si/Gun/Gu.

(3) Where any restriction is imposed on a building permit or the commencement of a building project pursuant to paragraph (1) or (2), such restriction period shall not exceed two years: Provided, That such restriction period may be extended only once for a period not exceeding one year.

(4) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor shall determine in detail the objectives of restriction on light restrictions on building permits or the commencement of a building, the use of buildings subject to restriction, the location, area, boundaries, etc. of the zones subject to restriction and notify the permitting authority thereof, and the permitting authority in receipt of such notification shall, without delay, publicly notify

(5) Where the Mayor/Do Governor has restricted a building permit or the commencement of a building pursuant to paragraph (2), he/she shall immediately report it to the Minister of Oceans and Fisheries, and the Minister of Land, Transport and Maritime Affairs who has received a report may order the expulsion if he/she deems that

Article 3 (Basic Principles for Utilization and Management of National Land) of the National Land Planning and Utilization Act (Amended by Act No. 11579, Dec. 18, 2012)

The national land shall be utilized and managed so as to achieve the following objectives in order to achieve the environmentally sound and sustainable development through the preservation of the natural environment and the efficient utilization of resources:

1. Efficient utilization and smooth supply of lands and various installations necessary for people's lives and economic activities;

3. Provision of various basic services necessary for the lives of people, such as transportation, water resources, and energy;

4. Improvement of the quality of people's living through the improvement of their living conditions, such as residence;

Article 56 (Permission for Development Acts)

(1) A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activities") shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (hereinafter referred to as "development permission"): Provided, That the same shall not apply to any activity under an urban

Article 58 (Standard for Permission for Development Acts)

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall grant permission for development activities only

1. To meet the scale of development activities prescribed by Presidential Decree in consideration of special-purpose areas;

2. Not to violate the details of an urban or Gun management plan;

3. Not to hamper the implementation of an urban or Gun planning project;

4. To achieve harmony with the actual utilization condition or land use plan in peripheral areas, and with surrounding environments and scenery, such as the height of buildings, gradient of land, status of trees, water distribution, drainage of river lakes and marshes, etc.;

Article 51 (Object of Permission for Development Acts) of the Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 23718, Apr. 10, 2012)

Acts subject to permission for development activities under Article 56 (1) of the Act shall be as follows:

1. Construction of buildings: Construction of the buildings under Article 2 (1) 2 of the Building Act;

Article 56 (Standard for Permission for Development Acts)

(1) Criteria for permission for development activities under Article 58 (3) of the Act shall be as specified in attached Table 1-2.

[Attachment 1-2]

1. Matters to be examined by field;

Risk

Conditions

Change