The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. According to the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”), a person who intends to build a factory, etc. with a factory construction area of at least 500 square meters, shall obtain approval from the head of a Si/Gun/Gu (Article 13(1)). With respect to the matters consulted with the head of the relevant administrative agency when granting approval for the establishment of a factory, etc., permission for development activities, etc. under Article 56(1) of the National Land Planning and Utilization Act on the relevant factory and Access Road Sites (hereinafter “National Land Planning Act”) is deemed to have been granted (Article 13-2(1)5). In addition, Article 19(2) of the Enforcement Decree of the Industrial Cluster Act provides that when an application for approval for the establishment, etc. of a factory is filed, the head of a Si/Gun/Gu shall

On the other hand, Article 56(1) of the National Land Planning and Utilization Act provides that construction of buildings, construction of structures, and alteration of land form and quality (title 1) shall be conducted through development activities subject to permission by the head of a Si/Gun/Gu. Article 58 of the National Land Planning and Utilization Act provides that permission for development activities shall be granted only when the details of application for permission for development activities meet standards for permission (Paragraph 1), but the standards are prescribed by Presidential Decree according to the classification

(3) Article 58(1)4 and (3) of the National Land Planning and Utilization Act and Article 56(1) [Attachment 1-2] [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act provide for the permission standard related to the relation with the neighboring area in particular, as set forth in subparagraph 1(d)(2) of the “Standards for

According to this, permission for development activities is in harmony with the actual use condition or land use plan of neighboring areas, the height of buildings, gradient of land, status of trees, water drainage, drainage of water in rivers, lakes and marshes, and surrounding areas.