1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On December 20, 2016, the Plaintiff obtained a electric utility business license for solar power generation capacity of 992kW in the instant application form from the Gyeongnam-do Governor.

B. On February 20, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for solar power generation projects (hereinafter “instant development activities”). On May 10, 2017, the Defendant rendered a disposition of non-permission for development activities (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. However, Gyeongnam-do Administrative Appeals Commission dismissed it on July 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings

2. Attached Form 2 of the relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the disposition of this case is unlawful as it deviates from and abused discretion in light of the following circumstances.

1) The instant application is located far from the neighboring residence, and there is no risk of undermining the residential environment of the neighboring residence, since harmful substances are not generated due to the instant development activities. 2) In the vicinity of the instant application site, there is no person other than the Plaintiff, and there is no additional development activities other than the instant development activities due to the nature of the region, and it is difficult to proceed with the instant development activities other than the instant development activities.

3) At the time of the instant application, the Plaintiff established and submitted appropriate measures for the preparation of safety devices and the installation of disaster prevention structures in preparation for natural disasters. It is difficult to deem that soil erosion concerns or dynamic stability problems arising from the instant development activities occur. 4) The instant application consists of most miscellaneous parts, and thus, the forest worth protecting.