2013Nu1745 Revocation of revocation of business permission

ship*** (4************)

Ansan-si

Attorney Kim In-bok, Counsel for the plaintiff-appellant

Ansan-dong Market

Attorney Kim Byung-hee, Counsel for the plaintiff-appellant

1. Alley Co., Ltd.;

Ansan-si

B Representative Director

2. Crocon stock company;

Ansan-si

D Representative Director D

Defendant Intervenor’s Intervenor’s Intervenor Law Firm Jung-won

[Defendant-Appellee]

Daegu District Court Decision 2012Guhap4786 Decided September 27, 2013

May 16, 2014

June 20, 2014

1. The defendant's appeal is dismissed.

2. The supplementary participation costs are borne by the Intervenor, and the remainder is borne by the Defendant.

1. Purport of claim

In the first place, the defendant confirmed that the defendant's moving into the agricultural and industrial complex contract concluded on July 11, 2012 with the company's moving into the agricultural and industrial complex as of July 12, 2012, and the defendant's moving into the Southern Urban Complex Co., Ltd. (hereinafter referred to as "participating Co., Ltd.") and the defendant's moving into the agricultural and industrial complex contract concluded on August 3, 2012 with the defendant's moving into the agricultural and industrial complex as of August 3, 2012, and the moving into the agricultural and industrial complex contract concluded on August 7, 2012 with the intervenor's moving-in company as of August 7, 2012 are each void, and the above dispositions are revoked

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revocation is dismissed.

1. Scope of the judgment of this court;

① At the first instance court, the Defendant rejected all of the part of the claim for nullification and cancellation of the designation of the main company located in an agro-industrial complex against the Intervenor, and dismissed the Plaintiff’s remaining main claim while cancelling each contract for the occupancy of the remaining agricultural and industrial complex concluded with the Intervenor, which was concluded by the Defendant with the Intervenor.

Therefore, since only the defendant appealed against his losing part, the scope of the trial of this court is limited to the part against the defendant, that is, the part against the defendant, the part against which the defendant concluded with the intervenor to cancel the contract of occupancy in

2. Details of the disposition;

A. On November 3, 1986, the Defendant, upon approval from the Mayor/Do Governor of the upper Do Governor, designated the area of 411-3 square meters in the south dong-si, Chungcheongnam-si as an agricultural and industrial complex (hereinafter “instant agro-industrial complex”). At the instant agro-industrial complex, 12 enterprises, such as machinery, electricity, and electronics, are currently occupying in the instant agro-industrial complex. The Plaintiff is the owner of land 411-2 in the same Ri, immediately adjacent to the land of the instant agro-industrial complex, and is residing on the ground.

B. On July 5, 2012, the Intervenor A AB, and the Intervenor CABcon, on July 31, 2012, applied for the conclusion of an occupancy contract of each of the instant agro-industrial complex to the Defendant, who is the official interest holder (management agency) under Articles 30(1) and 38(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”). On July 11, 2012, the Defendant entered into an occupancy contract on the 12th of the same month after notifying the Intervenor AB of the selection of an occupant company. On August 3, 2012, the Intervenor entered into an occupancy contract on the 7th of the same month (hereinafter “each of the above occupancy contracts”).

C. On September 5, 2012, the Plaintiff became aware of the fact that the Defendant rendered each of the instant dispositions, and currently participating persons are operating a factory manufacturing asphalt using waste asphalt, etc. in the instant agro-industrial complex (hereinafter “each of the instant factories”).

[Reasons for Recognition] Unsatisfy, Gap evidence 9, Eul evidence 1, 2, 9, 30 (including each number)

Each entry, video, and purport of the whole pleading

3. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion

Each disposition of this case shall be revoked on the grounds that it is unlawful for the following reasons.

1) The instant agro-industrial complex is located within 1 km flow-distance from the border area of the water source protection area towards the upper stream. As such, the instant agro-industrial complex constitutes an area where establishment of a factory site is restricted pursuant to Article 36(1)5 of the Integrated Guidelines for Development of Industrial Sites (hereinafter “Industrial Sites Guidelines”), Article 7-2(1) of the Water Supply and Waterworks Installation Act, and Article 14-2 subparag. 1 of the Enforcement Decree of the Water Supply and Waterworks Installation Act. Furthermore, Article 5 of the Addenda of the Water Supply and Waterworks Installation Act (No. 22506, Nov. 26, 2010; hereinafter “the Addenda of the instant case”) of the Enforcement Decree of the Water Supply and Waterworks Installation Act, which is a transitional provision for existing existing factories, applies exceptionally to the manufacturing business of this case, “the extension of the form of an existing contract for occupancy” and “the alteration of the type of business within the scope of wastewater generated after concluding a new occupancy contract with the Defendant, which is newly constructed in the factory site and expected to discharge of wastewater in social norms.

2) According to Article 36(1)2(c) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the instant agro-industrial complex falls under “Planning management area” under Article 71(1)18, 19 [Attachment 20] and [Attachment 21] of the Enforcement Decree of the same Act, a private place of business falling under class 1 or 3 under Article 2 subparag. 11 of the Air Environment Conservation Act and attached Table 1 of the Enforcement Decree of the same Act cannot be constructed in a planned management area. Furthermore, according to Article 36(2)1 of the Ministry of Environment’s Guidelines, any place of business whose total amount of air pollutants generated in the area separately designated and publicly notified by the Minister of Environment is not less than 20t can not move into an agro-industrial complex. Accordingly, each of the instant factories falling under the head of a Class 1 or Class 2 business cannot move into an agro-industrial complex.

3) The Defendant violated Article 36(1) of the Agricultural and Industrial Complex Guidelines by failing to conduct an environmental review of the Intervenor’s places of business prior to rendering each of the instant dispositions.

4) Before concluding a contract for occupancy with the intervenors, the Defendant did not follow the above procedures despite mandatory announcement on the Facton system for at least 15 days pursuant to Article 48-2 of the Enforcement Decree of the Industrial Cluster Act.

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

(c) Facts of recognition;

1) Location, etc. of the instant agro-industrial complex and Plaintiff’s residence

A) The instant agro-industrial complex constitutes a restricted area for factory establishment pursuant to Article 7-2(1) of the Water Supply and Waterworks Installation Act and Article 14-2 subparag. 1 of the Enforcement Decree of the Water Supply and Waterworks Installation Act, which prescribes an area within 10 km from the water intake facility towards the upper stream within 1km from the border area of the water supply source protection area in Ansan-dong-si.

B) The Plaintiff’s residence is directly abutting on the land where the Intervenor’s factory facilities in the instant agro-industrial complex are located, and the Intervenor’s AB factory facilities are located far away from approximately 60 meters, and the Plaintiff’s residence is located near the road entering the instant agro-industrial complex from the national highways between Dong and Pohang Port.

C) On February 18, 2013, the Gyeongbuk-do Governor issued approval of the management master plan and the publication of topographic drawings (No. 2013-76 of the Gyeongbuk-do Notice) of the instant agro-industrial complex. Before that, no master plan was established for the management of the instant agro-industrial complex. Meanwhile, the above master plan for the management was included in the category of business subject to occupancy in the agro-industrial complex.

2) Current status, etc. of occupancy in the agro-industrial complex at the time the amended Enforcement Decree of the Water Supply and Waterworks Installation

A) At the time of November 26, 2010, the enforcement date of the amended Enforcement Decree of the Water Supply and Waterworks Installation Act, 16 factories were located and operated in the instant agro-industrial complex. However, among them, the status of occupant enterprises related to the land and the land 776 (32) of the same Ri 776 (road name 32, the same road address) in which the Intervenor A aggregate moved in, from the south-dong-dong-si, where the Intervenor CAcon moved in.

A person shall be appointed.

A person shall be appointed.

B) On July 13, 2012, after entering into an occupancy agreement with the Defendant, the Intervenor completed the registration of ownership transfer by purchasing a square meter of 1,153.8 meters total of the building area, including a square meter of 766 square meters of the above new site 7,032 square meters and a multi-story factory of the above ground, from two other than R Co., Ltd. (hereinafter referred to as “R”), and completing the registration of ownership transfer by purchasing a square meter of 662.4 meters of the above building area. R, while establishing and operating an agricultural machinery manufacturing business, after changing the type of business into a non-residential building rental business on February 5, 2007 and leasing the same part of the above land and building to SElectronic Co., Ltd. (hereinafter referred to as “SElectronic”). On November 3, 2011, R transferred the above land to another site as the expiration of the rental period, and closed the above land in the above case. Ro sold both the above land and building to the Intervenor.

C) On November 1, 2012, after concluding an occupancy agreement with the Defendant, the Intervenor Co., Ltd. on November 1, 2012, after entering into an occupancy agreement with the Defendant, purchased 16,529 square meters of the above New Year’s 411-3 factory site 29,000 square meters from E Trade Co., Ltd. (hereinafter “E Trade”), and divided into 411-7 of the same Ri. The Intervenor purchased 9,770.14 meters of the 411-7 square meters of the 14,008 square meters of the 411-3 ground building before division, and completed the registration of ownership transfer on or around December 2012. At the time of purchasing the Intervenor Co., Ltd., Ltd., the part of the land purchased from E Trade to about 444% of the entire agro-industrial complex area of the instant land, and the part of the land purchased from E Co., Ltd., Ltd., which was located in an agro-industrial complex and operated as part of the building site.

3) Construction, etc. of buildings by intervenors

A) The business plan submitted by the Intervenor at the time of filing an application for occupancy agreement with the Defendant was indicated as “2012 factory construction plan: 1,700m of manufacturing facilities, 1,713m of ancillary facilities, such as oil tank and open storage site, 3,413m of the total of 3,413m of ancillary facilities, such as oil tank and open storage site.” This is consistent with the manufacturing facility size 1,700m of the column for filing an application for occupancy agreement with the Intervenor’s aggregate of 3,413m of the building area, and 2012 factory construction plan submitted to the Defendant at the time of filing an application for occupancy agreement by the Intervenor C, which was submitted by the Intervenor to the Defendant: 650mi of manufacturing facilities, 676.4m of manufacturing facilities, such as oil tank and open storage site, which is combined with “2,326.4m of the total of 6,426m of the manufacturing facility size in the column for filing an application for occupancy agreement with the Intervenor C.”

B) On October 9, 2012, the Intervenor was notified by the Defendant of the acceptance of a construction report of 960 meters of structures, and completed each construction with permission for extension of manufacturing facilities 630 meters on February 15, 2013. Accordingly, the building area (including structures) on the land was 2,391.6 meters in total.

C) On October 10, 2012, the Intervenor: (a) extended the size of 1,559.74 square meters from the Defendant’s aggregate, waste asphalt, etc.; (b) obtained a building permit from the Defendant to make an existing factory substantial repair to meet the asphalt production facilities; and (c) completed each construction upon receipt of notice of repair on the report of installation of 330.90 meters of factory facilities for manufacturing asphalt on October 16, 2012; and accordingly, the building area on the said land was 2,725.26 meters in total.

D) The intervenors were used only as a string place, etc. with only a part of an office or a building for dormitory usage among the existing buildings, or with only a wall of an existing building, as a string yard, etc., and all structures, etc. for the manufacture of asphalts were newly constructed.

4) Environmental review, etc.

A) On July 6, 2012, the Director of the Employment Economy Division of Ansan-si (Evidence B No. 24-4), sent a prior environmental review to the Director of the General Civil Service and the Director of the Green Environment Department of Ansan-dong, along with each application for occupancy contract and the letter of business plan for the Intervenor CAcon (Evidence B No. 24-1) on July 31, 2012.

B) The business plan submitted by the Intervenor at the time of applying for occupancy contract to the Defendant was written as follows: 01 tons of water for living and 0 water for industrial use: 0.01 tons of water for industrial use; 2.0 meters of water for industrial use and 3.0 meters of water for industrial use, and 3.0 meters of water for industrial use, as the business plan submitted by the Intervenor CAMM to the Defendant at the time of applying for occupancy contract, are written as follows:

C) On July 9, 2012, the head of the Ansan-si general civil petition office had the opinion that "it is necessary to improve the installation of air discharge facilities pursuant to Article 23 of the Clean Air Conservation Act" with respect to building facilities, screening facilities, mixing facilities, melting and melting facilities with a volume exceeding 30 km per hour, or with a volume exceeding 30 km per hour (in accordance with Article 23 of the Clean Air Conservation Act, evidence No. 24-6). On July 31, 2012, he/she had the opinion that "(in accordance with Article 23 of the Clean Air Conservation Act, ....................................................................................... 2000............ 2115 of 200000.......

D) The intervenors filed a report with each other on the establishment of Amcom (Class 1) emission facilities with each other on the establishment of Amcom (Class I) emission facilities, and on September 19, 2012, the Mayor/Do Governor notified the Defendant of the issuance of each certificate of completion of report to the Intervenor Cscom on December 5, 2012.

E) According to the report on the construction of a structure of aggregate A by an intervenor and the opening of the council for processing complex civil petitions on an application for a building permit of an intervenor CAS containers on October 2, 2012, the head of the Dong-dong Civil Service Office, upon receipt of a request for opinion from the construction division and the head of the Dong-si Civil Service Office, on October 8, 2012, calculated the amount of wastewater discharged from an aggregate on October 8, 2012, thereby not falling under wastewater discharge facilities, since the amount of water used (amount of wastewater generated) is 0.08 square meters, it does not constitute wastewater discharge facilities. Moreover, since the amount of waste discharged is 0.032 square meters and the remaining 0.048 square meters is recycled in full, the amount of wastewater used (amount of wastewater discharged) is not discharged, as a result of calculating the amount of wastewater discharged from a CAS container is 12 square meters or more.

F) On June 30, 2009, pursuant to Article 22 of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 2011), the Minister of Environment designated a small-scale national industrial complex in Ulsan Metropolitan City, a small-scale national industrial complex, and a rural complex in Jeonnam-do as a special measures area for atmospheric conservation, under Article 22 of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 201). The instant agro-industrial complex was not designated as a special measures area for atmospheric conservation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 9 through 16, 22, 24 to 26, Eul

1. through 5, 7 through 9, 11, 14, 16, 17, 19 through 26, 29, 30, 32 through 34

Each entry and video of evidence (including each number), and the purport of the whole pleading;

D. Determination

1) As to the plaintiff's first argument

A) Relevant provisions

Article 7-2 (1) of the Water Supply and Waterworks Installation Act provides that a factory under subparagraph 1 of Article 2 of the Industrial Cluster Act shall not be established in the upper region of a water-source protection area or upstream and lower region of a water-source protection area (facilities for water intake of wide-area water Do and local waterworks), as prescribed by Presidential Decree. Article 14-2 (1) of the Enforcement Decree of the Water Supply and Waterworks Installation Act provides that where a water-source protection area is designated and publicly announced, a factory under the Industrial Cluster Act shall not be established in an area within ten kilometers from the border area of a water-source protection area to the upper region. However, Article 5 of the Addenda of the Water Supply and Waterworks Installation Act provides that (i) the extension of a factory within the scope of the site area of a factory at the time the Water Supply and Waterworks Installation Act enters into force, (ii) the application of the standards established by the Minister of Environment to change the type of a factory to the extent that the water-source protection area does not increase, notwithstanding Article 3 of the Addenda of this case, Article 14(2) of the Act shall apply to an industrial complex.

On the other hand, Article 2 subparagraph 1 of the Industrial Cluster Development Act provides that "factory" means a place of business for manufacturing business prescribed by Presidential Decree and equipped with buildings, structures, manufacturing facilities, such as machinery and equipment which constitutes a process of manufacturing goods, and their ancillary facilities (hereinafter referred to as "manufacturing facilities, etc."), and accordingly, Article 2 (1) of the Enforcement Decree of the Industrial Cluster Development Act provides that ① manufacturing facilities necessary for manufacturing business, ② manufacturing facilities necessary for manufacturing business, ② manufacturing facilities installed in the relevant factory site for the welfare of employees, ③ facilities obligated to be installed in accordance with the relevant Acts and subordinate statutes in cases of manufacturing business, ④ factory sites installed with facilities in subparagraphs 1 through 3, and Article 2 (20) through 22 of the Industrial Cluster Development Act provides that "construction of a factory" refers to newly constructing a factory (including construction of structures) or expanding the existing building area, and Article 16 (1) of the Enforcement Decree of the same Act provides that "factory or factory construction area."

B) Whether the “unestablished factory” under Article 5 of the Addenda of the instant case constitutes “unestablished factory”

In accordance with the above facts, on the site where the defendant was scheduled to move in by the intervenor's aggregate at the time of each of the dispositions in this case, R was registered as factory site and building leasing business, and on the site where the intervenor's CAcon was planned to move in, the intervenor's company and the G industry corporation that leased the site for E trade and its factories and H were engaged in manufacturing business after filing for each factory registration. Since there was a factory building, it constitutes "a factory with which Article 5 of the Addenda to the Enforcement Decree of the Water Supply and Waterworks Installation Act is already established."

Therefore, the plaintiff's assertion that this part does not constitute a factory already established is without merit.

C) Whether the Intervenor’s occupancy and establishment of a factory constitute an exceptionally permitted factory extension and alteration of business type under Article 5 of the Addenda of the instant case

(1) First, as to the Plaintiff’s assertion that all cases of concluding a new occupancy contract constitute the new construction of a factory, Article 38(1) of the Industrial Cluster Act provides that a person who operates or intends to operate a manufacturing business in an industrial complex shall enter into a new occupancy contract with a management agency. Article 38(2) of the same Act provides that a new occupancy contract shall be entered into in cases where an alteration of the matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy is intended among the occupancy contract matters. Accordingly, Article 35(1) of the Enforcement Rule of the same Act provides for a change of occupancy contract, and the owner’s change does not provide for a change contract. Therefore, even if an existing factory site and factory building in the instant agro-industrial complex are acquired, the transferee entered into a new occupancy contract, which is not a new occupancy contract with

In addition, Article 5 of the Addenda of this case does not limit the subject of the extension of a factory and the change of the type of business to the factory operator at the time of the enforcement of the Enforcement Decree of the Water Supply and Waterworks Installation Act. Therefore, it is also possible for a new operator to acquire an existing factory to change the type of business and expand

Therefore, as alleged by the Plaintiff, the conclusion of the above occupancy contract cannot be deemed as a new establishment of the factory solely on the ground that the Intervenor concluded a new occupancy contract with the Defendant.

(2) However, the legislative intent of Article 5 of the Addenda of this case is to prevent excessive infringement on the property rights of the owner of a factory at the time when the amended Enforcement Decree of the Water Supply and Waterworks Installation Act enters into force, and to prevent the occurrence of environmental pollution by restricting the establishment of a factory in water-source protection area, and to enable neighboring residents who are supplied with tap water to enjoy pleasant and safe living by drinking water or using water without environmental impairment, the legislative intent of the Enforcement Decree of the Water Supply and Waterworks Installation Act, the balanced development of agricultural and industrial villages and the environment preservation guidelines for agricultural and industrial complexes, and various benefits such as funding, technical guidance, sales support, etc. are provided to enterprises moving into an agro-industrial complex. Thus, the extension or alteration of the business type permitted under Article 5 of the Addenda of this case should be done within the extent that it is recognized as a factory of the same level as that of the previous factories, compared with the size and use of the factory existing at the time of the Enforcement Decree of the Water Supply and Waterworks Installation Act.

With respect to this case, the following circumstances, which can be known by the above recognition, i.e., (i) the intervenor's business category is "ice container manufacturing business"; (ii) the household manufacturing business, textile product manufacturing business, and machinery manufacturing business operated by the existing factory operator in the above site; and (ii) the size of manufacturing facilities stated in the application for occupancy contract submitted by the intervenor and the whole size of construction are consistent with the manufacturing facility and building area stated in the plan for factory construction in 2012, and each of the dispositions of this case were already aimed at constructing the whole factory without considering all the use of the existing factory buildings; and (iii) the intervenor was aware of each disposition of this case, and it is reasonable to establish the management guidelines for the new management plan for the occupancy of the existing building including the existing building, or to establish the new management guidelines for the occupancy of the new industrial complex without any prior consideration to the occupancy of the new industrial complex; and (iv) it is reasonable to establish the new management guidelines for the occupancy of the new industrial complex without any prior consideration to the occupancy of the new industrial complex.

Therefore, this part of this part of the plaintiff is justified.

D) Defendant’s assertion under Article 3 of the Addenda of this case

On the basis of Article 3 of the Addenda of this case, the defendant asserts that the establishment and extension of an individual factory can be freely achieved within the entire site area of the agricultural and industrial complex based on the whole agro-industrial complex in the case of an agro-industrial complex. Thus, Article 3 of the Addenda of this case is merely limited to the content that the approval may be granted even in an area where the establishment of a factory is restricted with respect to an industrial complex for which an application for approval of the plan of an industrial complex has already been filed at the time of the enforcement of the amended Enforcement Decree of the Water Supply and Waterworks Installation Act, and the application of Article 5 of the Addenda of this case shall not be applied to the agricultural and industrial complex of this case already developed and operated after the approval of the industrial complex is made pursuant to the above provision. On the other hand, the determination of whether the agricultural and industrial complex falls under Article 5 of the Addenda of this case based on the whole area of the non-

Therefore, the above assertion by the defendant is groundless.

E) The Defendant and the Intervenor’s assertion on the necessity of judgment on assessment

Even if each of the dispositions of this case is unlawful pursuant to Article 5 of the Addenda of this case, since the amendment of Article 5 of the Addenda of this case was made by Presidential Decree No. 25309 on April 15, 2014 to Article 4-2 of the Addenda of this case, the act of newly constructing a factory other than the factory, such as discharging specific substances harmful to water quality within the treatment capacity of the wastewater terminal treatment plant in the agro-industrial complex was possible. Accordingly, if the Intervenor applies for a new occupancy contract, the cancellation of each of the dispositions of this case under this circumstance is clearly inappropriate for public welfare by repeating the above revised administrative acts, and thus, it is clearly inappropriate for the Defendant to conclude a occupancy contract under the Enforcement Decree of the Act.

Since maintaining an illegal administrative disposition itself goes against the public welfare, cancellation of the administrative disposition should be limited under extremely strict requirements when rendering a ruling on circumstances where it is deemed that it is considerably inappropriate for the public welfare even though it is illegal. In determining whether it is considerably inappropriate for the public welfare, which is the requirement thereof, the necessity to cancel or alter the illegal and unfair administrative disposition and the situation against the public welfare that may arise therefrom should be compared and compared to the need to determine whether to apply it (see, e.g., Supreme Court Decision 2008Du13828, May 28, 2009).

The following circumstances, which are acknowledged by the aforementioned evidence and evidence and evidence Nos. 6,23 as well as the purport of the entire oral argument, namely, each of the dispositions of this case, are deemed to have approved the establishment of an ASM factory, and it seems that there is a reasonable risk that the plaintiff's environmental interests might be harmed. In the case of ASM manufacturing facilities, the ASM manufacturing facilities are mixed with various materials in the process of shipping products, so that a small quantity of malodor is emitted, and a specific substance harmful to water quality in Article 2 subparagraph 8 of the Water Quality and Ecosystem Conservation Act is likely to cause harm directly or indirectly to human health, property, or animals and plants, and to cause harm to the plaintiff's living environment, and the amendment of Article 4 [Attachment 3] of the Enforcement Rule of the same Act, and each of the previous dispositions of this case cannot be readily concluded to have been revoked by the intervenor's application of the occupancy contract of this case due to the following reasons.

F) Sub-decisions

Therefore, since the intervenor's occupancy and construction of a new structure, etc. are deemed to fall under "the establishment of a new factory beyond the scope of "the extension of a factory", the defendant's dispositions of this case in the premise that the requirements of Article 5 of the Addenda of this case are met are illegal.

2) As to the plaintiff's second argument

A) Article 76(5)2 of the National Land Planning and Utilization Act provides that the restriction on the use, type, size, etc. of buildings and other facilities shall be governed by the Industrial Sites Act in the farmland construction area pursuant to Article 2 subparag. 8(d) of the Industrial Sites Act, thereby excluding the application of the National Land Planning and Utilization Act. This is obviously caused by the fact that land in an agro-industrial complex that is expected to be used as a factory site cannot be subject to the National Land Planning and Utilization Act applicable to general land due to such special nature, even if there was no master plan for management as stipulated in the proviso of Article 5(1) of the Industrial Sites Act at the time of each disposition of this case, Article 3(1) of the Enforcement Decree of the same Act, and Article 16(1) and (2) of the Guidelines

Therefore, this part of the Plaintiff’s assertion is without merit, based on the premise that Article 76(1) of the National Land Planning Act applies to the use, type, and scale of buildings within the agro-industrial complex of this case.

B) In addition, Article 36(2)1 of the Guideline provides that a place of business where the total annual air pollutants generated in an area designated and publicly notified separately by the Minister of Environment is at least 20t cannot enter an agro-industrial complex. The fact that the instant agro-industrial complex does not fall under a special measures area for air conservation as designated and publicly notified separately by the Minister of Environment is as seen earlier. Thus, the Plaintiff’s assertion on this part is without merit.

3) As to the plaintiff's third assertion

In order to prevent environmental pollution in rural areas, the head of a Si, etc. under the main sentence of Article 36 (1) of the Guidelines for Agricultural and Industrial Complexes shall conduct an environmental review of enterprises scheduled to move in and allow only suitable enterprises to move in. However, in cases where the head of a Si, etc. finds it difficult to make self-determination, such as whether a type of business prohibited to move in falls under the category of

According to the above facts, the defendant, upon receiving an application for occupancy contract in the agro-industrial complex from the intervenors, requested the head of the department in charge and the head of the division in charge to present his opinion on the matters necessary for the report on installation of air discharge facilities and the report on installation of wastewater discharge facilities under the Clean Air Conservation Act. However, such opinion of opinion is merely an abstract opinion on the basis of the intervenor's business plan, etc. without undergoing an objective investigation, or within 3 to 4 days. Considering that each of the factories of this case constitutes a factory that is likely to discharge pollutants, such as Class 1 air discharge facilities, and it is difficult to recognize that the defendant has an obligation to examine each of the above 1 environmental assessment prior to its implementation, even if it is not necessary to undergo an environmental impact assessment under the Environmental Impact Assessment Act, even if it is not necessary to undergo an environmental impact assessment under Article 36 of the Guidelines, it is difficult to recognize that each of the above 1 environmental assessment has been conducted including 3 environmental assessment numbers, and it is also difficult to recognize that each of the above 1 environmental assessment was conducted (31).

Therefore, the disposition of this case in violation of Article 36 (1) of the Guidelines for Integration of Agricultural and Industrial Complexes is unlawful, and the original intent of this case is with merit.

4) As to the plaintiff's fourth argument

A) Article 48-2(1) of the Enforcement Decree of the Industrial Cluster Act provides that where a management agency intends to enter into an occupancy agreement pursuant to Article 38(1) and (3) of the Act, it shall determine the standards for occupancy, such as industry, qualifications, priority order of occupancy, etc., and publicly announce it for 15 days in the Facton system referred to in Article 6-2 of the Industrial Cluster Act, and if necessary, the method of public announcement in daily newspapers, etc. may be concurrently conducted. Thus, there is no evidence to acknowledge that the Defendant publicly announced the Fact on the Facton system in accordance with Article 6-2 of the Industrial Cluster Act for 15 days or more, each disposition of the instant case is unlawful, and the Plaintiff’s above assertion is with merit.

B) As to this, the defendant and the intervenors asserted that the Act on the Promotion of Development of Agricultural and Fishing Villages Income Sources, which was enforced in 1988, at the time of sale in the agricultural and industrial complex of this case, did not provide a public announcement for 15 days or more, or that the management agency should set the occupancy standards such as the industry, qualifications for occupancy, priority order of occupancy, etc. pursuant to Article 48-2 (1) of the Industrial Cluster Development Enforcement Decree, for 15 days or more, sell or dispose of land or facilities within the industrial complex for the first time, and there is no need to go through the public announcement procedures in the case of concluding an individual occupancy contract with the purchaser of land that can be disposed of freely after the expiration of the disposal period as in this case.

However, it is clear that the Defendant made each of the dispositions in this case under the Industrial Cluster Act, which was in force at the time, and Article 48-2(1) of the Enforcement Decree of the Industrial Cluster Act does not limit the case of sale or disposal within the disposal restriction period, and even if the land is within the already sold agro-industrial complex, it is the same that each kind of preferential provision applies to the land within the already sold agro-industrial complex. Therefore, it is necessary to secure legitimacy and transparency in the selection of the scheduled company to be entered through the public announcement at the time of entering into the occupancy contract in an agro-industrial complex.

Therefore, the above assertion by the Defendant and the Intervenor to the effect that the notice of each disposition of this case is unnecessary is without merit.

D. Sub-committee

Ultimately, each of the dispositions in this case is illegal since it concluded a contract with the effect of approval for establishing a factory in an area where the establishment of a factory is prohibited pursuant to Article 7-2(1) of the Water Supply and Waterworks Installation Act and Article 14-2(1) of the Enforcement Decree of the Water Supply and Waterworks Installation Act, and it is also illegal in that it did not undergo a lawful environmental review pursuant to Article 36(1) of the Guidelines for Agricultural and Industrial Complex, and it did not go through a public inspection pursuant to Article 48-2(

4. Conclusion

Therefore, the plaintiff's claim seeking the revocation of each disposition of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Private Jins (Presiding Judge)

Hack's Hack

Park Jong-dae

Government-Related Acts and subordinate statutes

【Water Supply and Waterworks Installation Act

Article 7-2 (Restrictions on Establishment of Factories Outside Water-Source Protection Sphere)

(1) No factory referred to in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act shall be established in regions prescribed by Presidential Decree, such as upper regions of water-source protection areas, or upper or lower regions of water intake facilities (referring only to water intake facilities for wide-area waterworks and local waterworks).

【Enforcement Decree of the Water Supply and Waterworks Installation

Article 14-2 (Scope of Regions in which Factory Establishment Is Restricted)

"Areas prescribed by Presidential Decree" in Article 7-2 (1) of the Act means the following areas:

1. Where a water source protection area has been designated and announced, flow distance from the border area of the water source protection area towards the upper stream;

An area within 10 kilometers: Provided, That where the capacity of the water intake facility is at least 20,000 m3 per day, such area shall be located.

An area within twenty kilometers in flow-distance from the border area of a water source protection area towards the upper stream. [Supplementary Rule]

Article 3 (Special Cases concerning Scope of Areas Restricted to Establish Industrial Complexes under the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes)

Notwithstanding the amended provisions of Articles 14-2 and 14-3, the integrated standards for industrial complex plans under Article 19 (4) of the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes shall apply to industrial complexes for which an application for approval of industrial complex plans has been filed pursuant to Article 8 (2) of the same Act at the time this Decree enters into force

Article 5 (Transitional Measures concerning Existing Factories in Regions in which Factory Installation Is Restricted)

Notwithstanding the amended provisions of Articles 14-2 and 14-3, any of the following acts may be performed for any factory established in an area in which the establishment of a factory is restricted pursuant to the amended provisions of Article 14-2 at the time this Decree enters into force:

1. Enlarging a factory within the scope of the area of the factory site as at the time this Decree enters into force;

2. Changing the type of business of a factory to the extent not increasing wastewater discharged;

/ Industrial Cluster Development and Factory Establishment Act

Article 1 (Purpose)

The purpose of this Act is to contribute to the sound development of the national economy through continued industrial development and balanced regional development, by developing the industrial cluster, supporting the smooth establishment of factories, and systematically managing industrial sites and industrial complexes.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "factory" means a building or structure, manufacturing facilities, such as machinery and equipment forming a manufacturing process for goods, and facilities incidental thereto;

(hereinafter referred to as "manufacturing facilities, etc.") and a place of business for conducting manufacturing business prescribed by Presidential Decree, shall be located therein.

The term "those prescribed by Presidential Decree" means those prescribed by Presidential Decree.

14. The term "industrial complex" means designation and alteration pursuant to Articles 6, 7, 7-2 and 8 of the Industrial Sites and Development Act;

National industrial complexes, general industrial complexes, urban high-tech industrial complexes, and agro-industrial complexes developed.

20. The term "establishment of a factory" means newly establishing or expanding a factory;

21. The term "new construction of a factory" means new construction of a building (including construction of a structure) or the use of an existing building;

The term "establishment of manufacturing facilities, etc. after changing to factories" means installation.

22. The term "extension of a factory" means expanding a construction area or the site area of a factory registered pursuant to Article 16 (1).

of this section.

Article 13 (Approval of Factory Establishment, etc.)

(1) A person who intends to establish or expand a factory, the construction area of which is at least 500 square meters, or change a type of business of a factory (hereinafter referred to as "factory establishment, etc.") shall obtain approval from the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and the same shall also apply where he/she intends to change

(2) In any of the following cases, approval for the establishment, etc. of a factory under paragraph (1) shall be deemed granted:

2. Where an occupancy agreement and an alteration agreement under the main sentence of Article 38 (1) and (2) are concluded;

Article 14-3 (Approval for Installation of Manufacturing Facilities)

(1) A person who intends to conduct manufacturing business by installing manufacturing facilities, etc. in whole or in part of any of the following factory buildings with a factory construction area of at least 500 square meters shall obtain approval from the head of a Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply where he/she intends to modify approved matters:

1. A factory built with approval for the establishment, etc. of a factory under Article 13 (1) without specifying a type of business in advance;

Buildings

(2) Where an occupancy agreement under the main sentence of Article 38 (1) is concluded, which is a factory registered under Article 16 (1), the registration of which is revoked under Article 17 (1) 2, it shall be deemed that approval for the installation of manufacturing facilities under paragraph (1) is obtained.

Article 33 (Formulation of Basic Plans for Management of Industrial Complexes)

(1) Where an industrial complex is designated pursuant to Articles 6, 7, 7-2 through 7-4 and 8 of the Industrial Sites and Development Act, a management agency shall formulate a master plan for the management of the industrial complex (hereinafter referred to as "master plan for the management") with regard to an area required to be managed as an industrial complex, as prescribed by Presidential Decree. In such cases, a management agency entrusted or entrusted with the management affairs by a management authority shall obtain approval from a person entitled to interest in the master plan for the management (including a modified plan), and obtain approval from the Mayor/Do Governor with regard to the master plan for the management of an agro-industrial complex, as prescribed

(4) The management agency, administrative authority, or Mayor/Do Governor shall publicly announce a master plan for management when establishing or approving such plan.

(5) A management master plan shall include the following matters:

1. Matters concerning the area of the industrial complex to be managed;

2. Matters concerning the type of business of occupant enterprises and qualifications for the occupant enterprises;

3. Matters concerning zones within the site of an industrial complex (hereinafter referred to as "industrial site") classified by use;

4. Matters concerning the placement of factories by type of business;

5. Matters concerning the establishment and operation of support facilities; and

6. Other matters necessary for the management of an industrial complex.

(6) Zones by use pursuant to paragraph (5) 3 may be managed by classifying industrial facilities zones, support facilities zones, public facilities zones and green belt zones. In such cases, an industrial facilities zone may be subdivided by use.

(7) Article 76 (1) of the National Land Planning and Utilization Act shall not apply to zones classified by use under paragraph (6).

Article 38 (Contracts for Occupancy, etc.)

(1) A person who conducts or intends to conduct manufacturing business in an industrial complex shall conclude a contract for occupancy thereof (hereinafter referred to as "contract for occupancy") with a management agency, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That this shall not apply to cases prescribed by

(2) Where occupant enterprises and support institutions intend to modify matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, they shall conclude a new modification contract.

(3) Paragraphs (1) and (2) shall apply mutatis mutandis to a person who carries on or intends to carry on business other than manufacturing business in an industrial complex.

(1) Any person (excluding an implementer of an industrial complex development project under Article 16 (1) 1 and 2 of the Industrial Sites and Development Act) who intends to conduct business leasing an industrial site, factory, etc. in an industrial facilities zone referred to in Article 3 (6) (hereinafter referred to as "industrial facilities zone") shall conclude a contract for occupancy with a management agency after reporting on the completion of the establishment, etc. of a factory under Article 15 (1) or reporting on the commencement of business under paragraph (2) of the same Article: Provided, That where he/she intends to lease a building registered for partial operation pursuant to Article 16 (3) to a person who engages in electricity generation business under subparagraph 3 of Article 2 of the Electric Utility Act using solar energy under subparagraph 1 (a) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, he/she may conclude a contract for occupancy before reporting on the completion of the establishment, etc. of a factory.

(1) Where an occupant enterprise that owns an industrial site or a factory, etc. in an industrial facilities zone falls under any of the following subparagraphs and prescribed by Presidential Decree, it shall transfer an industrial site (referring to the relevant co-ownership share when it intends to dispose of public land) or a factory,

1. Presidential Decree within ten years before or after reporting on the completion of the establishment, etc. of a factory under Article 15 (1);

an industrial site sold in lots before the expiration of a period prescribed by the subsection (2)

Industrial sites that have acquired ownership by reason of court judgment, inheritance, etc. and division pursuant to Article 39-2 (2) 1;

A disposition (including cases of disposing of co-ownership of the relevant industrial site) is intended (including cases of disposing of co-ownership of the relevant industrial site).

or a factory, etc. is to be disposed of;

2. A period prescribed by Presidential Decree pursuant to subparagraph 1 before or after reporting on the commencement of business under Article 15 (2);

Industrial site that was sold in lots before such lapse (the court's decision or award that was transferred from the purchaser pursuant to paragraph (2)

Industrial sites that have acquired ownership due to the existence, etc. and industrial sites divided pursuant to Article 39-2 (2) 1;

(including) the disposal (including the disposal of co-ownership shares of the relevant industrial site) or a factory

(2) If the disposition is intended,

(2) Where a management agency is unable to purchase an industrial site or a factory, etc. of an occupant enterprise pursuant to paragraph (1), it shall transfer such industrial site or factory to another enterprise selected by the management agency upon receipt of an application for purchase or to an institution falling under any of the following subparagraphs (hereinafter referred to as "official institution"):

1. The Small and Medium Business Corporation under the Small and Medium Enterprises Promotion Act;

2. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act and the Korea Water Resources Corporation under the Korea Water Resources Corporation Act;

3. Banks (including banks established pursuant to Acts, such as the Industrial Bank of Korea Act), the incorporation of which is authorized pursuant to Article 8 of the Banking Act;

(including section 2)

4. Other agencies related to the establishment and support of occupant enterprises, which are prescribed by Presidential Decree, and the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act.

Article 2 (Scope of Factory)

(1) The offense committed by the manufacturing business under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as the "Act") shall be the manufacturing business under the Standard Industrial Classification publicly announced by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act.

1. Manufacturing facilities necessary for conducting the manufacturing business (including facilities for processing, assembling, and repairing goods; hereinafter the same shall apply);

Test production facilities

2. Where a manufacturing business is operated, the relevant factory site for the management and support of manufacturing facilities, and the welfare of employees.

Annexed facilities determined by Ordinance of the Ministry of Trade, Industry and Energy

3. Facilities obligated to be installed in accordance with relevant statutes, in cases of conducting manufacturing business;

4. Factory sites where the facilities under subparagraphs 1 through 3 are installed.

Article 18-2 (Establishment, etc. of Factory)

(1) The term "factory construction area" in Article 13 (1) of the Act means the area calculated by aggregating the floor area of each floor of a stable for installing machinery and equipment used as manufacturing facilities and the horizontal plane projection area of outdoor structures used as manufacturing facilities.

Article 48-2 (Criteria, etc. for Occupancy)

(1) Where a management agency intends to conclude an occupancy agreement pursuant to Article 38 (1) and (3) of the Act, it shall, in advance, determine the standards for occupancy, such as the industry to be occupied, qualifications, priority order, etc., and publicly announce the Facton system referred to in Article 6-2 of the Act for at least 15 days, and may concurrently announce methods in daily newspapers, etc., if necessary: Provided, That it shall

1. Industrial complexes for the rational placement of business categories of environmental pollution, fostering of advanced technology industries, and the promotion of foreign investment, etc.;

Projects which need preferential occupancy and which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

2. Any of the following persons who intend to conduct business suitable for a management master plan:

(a) An industrial facility site by private contract referred to in Article 42-3 (4) of the Enforcement Decree of the Industrial Sites and Development Act;

person eligible to be supplied with the

(b) Industrial facility sites pursuant to municipal ordinances referred to in Article 42-3 (5) of the Enforcement Decree of the Industrial Sites and Development Act;

person eligible to purchase buildings in units;

(2) Paragraph (1) shall apply mutatis mutandis where an industrial site, factory, etc. is transferred to another enterprise pursuant to Article 39 (2) of the Act.

(4) Where a management agency intends to conclude an occupancy agreement pursuant to Article 38 (1) through (3) of the Act, it shall comply with the Act, this Decree, relevant statutes, and a master plan for the management of the relevant industrial complex.

Article 48-3 (Occupancy Contracts, etc. of Rental Business Operator)

(1) Any person who intends to conclude an occupancy agreement with a management agency for operating a leasing business of an industrial site, factory, etc. pursuant to Article 38-2 of the Act (hereinafter referred to as "rental business operator") shall submit a rental business plan stating the following matters to a management agency:

(3) A lessee who moves into an industrial site and building leased by a rental business operator shall enter into a occupancy contract under Article 38 of the Act with a management agency.

(4) Where an occupant enterprise or a support institution intends to rent part of an industrial site, factory, etc. while conducting a business pursuant to an occupancy agreement, it shall submit documents prescribed by Ordinance of the Ministry of Trade, Industry

【Enforcement Rule of the Industrial Cluster Development and Factory Establishment Act

Article 35 (Modification of Terms and Conditions of Occupancy Contracts)

(1) "Matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy" in Article 38 (2) of the Act means the following:

1. Name of the company or the name of its representative (in cases of the name of the representative, limited to cases where a corporation requests it);

2. Type of business (referring to the type of business prescribed in Article 18-2 (4) of the Decree in the case of a factory) or details of business;

3. The site area: Provided, That in cases of a factory site, the alteration of the site area that meets the following requirements shall be excluded:

(a) The factory shall be established by the person who intends to change;

(c) The altered area shall be within 20/100 of the factory site area at the time of concluding the initial occupancy contract.

(c) The standard factory area ratio after the alteration shall conform to the standard factory area ratio prescribed in subparagraph 2 of Article 8 of the Act;

4. Building area: Provided, That for factories, it applies only to the alteration of a factory construction area under Article 18-2 (1) of the Decree, and subparagraph 1;

The modification of a factory construction area that meets the requirements in the items of subparagraph 3 shall be excluded.

(2) A person who intends to amend an occupancy agreement of an industrial complex pursuant to Article 38 (2) of the Act shall submit an application for change of attached Form 25 to the management officer, along with documents proving modified matters and a business plan in attached Form 2-2 for modified matters.

(3) Where an occupant enterprise which has completed registration of a factory changes an application for change of occupancy agreement under paragraph (2), it shall be deemed that it has filed an application for change of registered company under Article 11

(4) A management agency in receipt of an application for change of occupancy contract of an industrial complex under paragraph (2) shall determine whether to conclude a modified contract within five days from the date of application. In such cases, if a modified contract is concluded, it shall issue a written confirmation of change of occupancy contract in attached Form

/Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

3. The term "industrial complex plan" means an industrial complex development plan under Article 6 of the Industrial Sites and Development Act and the same Act;

National industrial complex development plans formulated under Article 17 and industrial complex development plans formulated under Article 7 of the same Act;

general industrial complex plans which combine the development plan for the industrial complex and the implementation plan for the general industrial complex development under Article 18 of the same Act;

An industrial complex development plan under Article 7-2 of the same Act and an urban high-tech industrial complex development under Article 18-2 of the same Act.

Urban high-tech industrial complex plans integrating implementation plans, approval for designation of an agro-industrial complex under Article 8 of the same Act, and

The term "agricultural and industrial complex plan" means an agro-industrial complex plan combining an agro-industrial complex development plan under Article 19.

Article 8 (Industrial Complex Plans)

(2) Where a private company, etc. requests designation of an industrial complex, it shall establish an industrial complex plan including the matters referred to in the subparagraphs of paragraph (1) and apply for approval to designating authorities

Article 19 (Standards for Integration of Industrial Complex Plans)

(1) The Minister of National Defense, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Administrator of National Emergency Management Agency, and the Administrator shall establish industrial complex plans

(2) The Minister of Land, Infrastructure and Transport shall integrate the standards for industrial complex plans formulated directly and the standards for industrial complex plans submitted under paragraph (1) and announce them after consulting with Mayors/Do Governors and the heads of related administrative agencies, and may request the Prime Minister to mediate opinions in the course of consultation.

(3) Where the Minister of Land, Infrastructure and Transport or the head of a related administrative agency formulates the standards for an industrial complex plan pursuant to paragraphs (1) and (2), he/she shall not include more strengthened regulations than the standards prescribed by relevant Acts and subordinate statutes in the standards for an industrial complex plan.

Industrial Sites and Development Act;

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "factory" means a factory defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;

7-2. The term "site for industrial facilities" means factories, knowledge industry-related facilities, cultural industry-related facilities, information and communications industry-related facilities and rehabilitation;

Land for facilities related to the available industry, resource-stockpiling facilities, logistics facilities and other facilities prescribed by Presidential Decree.

8. The term "industrial complex" means an education, research, business affairs, support, information processing, and distribution of facilities referred to in subparagraph 7-2 and related facilities;

Housing, culture, environment, parks and greenbelts, medical services, tourism, sports, and welfare in order to improve the functions of the snow and facilities;

A group of land designated and developed in accordance with a comprehensive plan to collectively install facilities, etc.;

the term “those” means each of the following items:

(d) An agricultural and industrial complex: Attraction and fostering industries for increasing the incomes of farmers and fishermen in rural areas prescribed by Presidential Decree;

to be designated under section 8 for the

Article 5 (Industrial Location Development Guidelines)

(1) The Minister of Land, Infrastructure and Transport shall formulate basic guidelines for the development of industrial sites (hereinafter referred to as "industrial location development guidelines") and publicly announce such guidelines in official beams: Provided, That agricultural and industrial complexes shall be governed by Presidential Decree

Article 8 (Designation of Agricultural and Industrial Complexes)

(1) An agro-industrial complex shall be designated by the head of a Si/Gun/Gu.

(2) When the head of a Si/Gun/Gu intends to designate an agro-industrial complex, he/she shall obtain approval from the competent Mayor/Do Governor by attaching documents and drawings prescribed by Presidential Decree. The same shall also apply to any modification to approved matters: Provided, That the same shall not apply to any modification to insignificant matters prescribed by Presidential Decree.

/ Enforcement Decree of the Industrial Sites and Development Act

Article 3 (Detailed Guidelines for Development of Agricultural and Industrial Complex)

(1) Pursuant to the proviso to Article 5 (1) of the Act, the Minister of Land, Infrastructure and Transport shall formulate a basic guidelines for designation and development of agricultural and industrial complexes (hereinafter referred to as "basic guidelines for agricultural and industrial complexes"), and the Minister of Agriculture, Food and Rural Affairs shall prepare and publicly announce a detailed guidelines for development of agricultural and industrial complexes (hereinafter referred to as "detailed guidelines for development of agricultural and industrial complexes") after deliberation by the Deliberative Committee to support development of agricultural and industrial complexes under Articles 77 through

Article 7 (Industrial Complex Development Plans, etc.)

(2) "Matters prescribed by Presidential Decree" in Article 6 (5) 9 of the Act means the following matters:

3. A plan for placement of types of business to be invited (a plan for designating industrial complexes under Article 9 (1) and an enterprise desiring to move into an industrial complex;

(2) If the agreement has been made, the arrangement plan of the enterprise shall include

Article 10 (Approval, etc. for Designation of Agricultural and Industrial Complexes)

(1) Where the head of a Si/Gun intends to obtain approval for designation of an agro-industrial complex pursuant to Article 8 (2) of the Act, he/she shall submit an application for approval to the Mayor/Do Governor

5. Main types of business;

Article 42-3 (Methods, Procedures, etc. for Supply and Disposal of Developed Land, Facilities, etc.)

(4) Notwithstanding paragraph (3), a project operator may enter into a occupancy agreement with the authority to designate industrial complexes pursuant to Article 7 (2) 3 and supply a site for industrial facilities to be directly used by such enterprise under a negotiated contract with regard to an enterprise included in a plan for placement of types of business to be invited in the development plan of an industrial complex or a foreign-invested enterprise under the Foreign Investment Promotion Act

(5) Notwithstanding paragraph (3), a Mayor/Do Governor may separately determine the method of selecting a person who purchases a site for industrial facilities in the proportion determined in the following subparagraphs, such as the priority order of occupancy, by municipal ordinance, in consideration of the industrial circumstances, etc. of the relevant area:

2. General industrial complexes, urban high-tech industrial complexes, and agricultural and industrial complexes: 30 percent;

/ Integrated Guidelines for the development of industrial sites

Article 1 (Purpose)

The purpose of this Guidelines is to provide for the basic guidelines for the development of industrial sites under Article 5 of the Industrial Sites and Development Act (hereinafter referred to as the "Industrial Sites Act") and the detailed standards for the designation of sites and the development of sites for factory establishment under Article 40 of the same Act, and to provide for matters concerning the environmental conservation of industrial complexes and surrounding areas under Articles 12 and 13 of the Framework Act on Environmental Policy.

Article 2 (Scope of Application)

Except as otherwise expressly provided for in other statutes, this guidelines shall apply to the location and development of individual factories other than industrial complexes and industrial complexes: Provided, That the integrated guidelines for the development and operation of agricultural and industrial complexes shall apply to the designation, development and support of agricultural and industrial complexes.

Article 36 (Standards for Selection of Individual Factory Sites)

(1) No head of a Si/Gun shall approve the designation of an individual factory location in any of the following areas:

1. Natural environment conservation areas under the National Land Planning Act;

5. Water source protection areas under Article 7 of the Water Supply and Waterworks Installation Act and areas other than water source protection areas under Article 7-2 of the same Act;

area where factory establishment is restricted;

/ The National Land Planning and Utilization Act

Article 36 (Designation of Special-Purpose Areas)

(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or a large city Mayor shall determine the geographical designation or alteration of any of the following special-purpose areas by an urban or Gun management plan:

2. Control areas: To be designated under any of the following categories:

(c) Planned control areas: Restricted utilization in view of an area anticipated to be integrated into an urban area, or natural environment;

1. An area to be developed and requiring planned and systematic management;

Article 76 (Restrictions, etc. on Construction of Buildings in Special-Purpose Areas and Special-Purpose Districts)

(1) Matters concerning restrictions on the use, type, scale, etc. of buildings and other facilities within special-purpose areas designated pursuant to Article 36 shall be prescribed by Presidential Decree.

(5) Notwithstanding paragraphs (1) through (4), the use, type, scale, etc. of a building or other facilities in any of the following cases shall be governed by the following subparagraphs:

2. In cases of agricultural and industrial complexes under subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act, those prescribed by the same Act.

The provisions shall apply.

former Framework Act on Environmental Policy (amended by Act No. 10893, Jul. 21, 2011)

Article 22 (Establishment of Special Comprehensive Measures)

(1) The Minister of Environment may designate and publicly notify areas where any change in environmental pollution, environmental damage or natural ecosystem is remarkable or is likely to be remarkable and areas frequently exceeding the environmental standards under Article 10 (1) as special measures areas for environmental preservation in consultation with the head of the relevant central administrative agency and the Mayor/Do Governor, and may formulate special comprehensive measures for environmental preservation in the relevant areas and have the competent Mayor/Do Governor implement such measures.

(2) The Minister of Environment may restrict land utilization and installation of facilities in the special measures area as referred to in paragraph (1) under the conditions as prescribed by the Presidential Decree, only when it is required for improving the environment.

Comprehensive Measures to reduce air pollution in the same area as the designation of a special measures area for air conservation (Public Notice of Ministry of Environment No. 2009-93)

Article 2 (Designation of Special Measure Areas)

The following areas shall be the special measures area:

1. Ulsan Metropolitan City Ulsan Metropolitan City Musan National Industrial Complex or Onnuri Industrial Complex;

2. Female national industrial complexes and expansion complexes in the case of female water in Jeonnam-do.

(ii)Integrated Guidelines for the development and operation of agricultural and industrial complexes;

Article 2 (Scope of Application)

Except as otherwise expressly provided for in other Acts and subordinate statutes, this guideline shall apply to agricultural and industrial complexes. Article 4 (Types of Agricultural and Industrial Complexes)

(1) An agro-industrial complex designated pursuant to Article 8 of the Industrial Sites Act may be classified as follows for the structural sophistication and the development of a region-specific industry:

3. General complexes: Complexes not falling under subparagraphs 1 and 2.

Article 16 (Establishment of Basic Management Plan)

(1) When the head of a Si/Gun/Gu has designated an agro-industrial complex, he/she shall formulate a management master plan and apply for approval thereof to the Mayor/Do Governor. The same shall also apply

(2) A master plan for management under paragraph (1) shall include the following matters:

1. Area of an agro-industrial complex to be managed;

2. A company's business type eligible for occupancy (or a company's mid-classification standards under the Korean Standard Industrial Classification, a specialized complex, etc.);

(2) Agri-industrial complex development plan, the qualifications and priority of occupancy, and

3. Prospects for production, export and employment;

4. Prospects for the increase of local residents' income, such as wages, supply of raw materials;

5. Matters concerning the supply and demand of human resources by region, such as demand for human resources by occupation and training of regional skilled human resources of occupant enterprises;

6. A room to strengthen the prospect and cooperation on the competitiveness of occupant enterprises located in neighboring industrial complexes and individual factories;

7. A plan for factory placement by use zone and by business type of industrial site;

8. The plan for the installation and operation of the wastewater terminal treatment facilities, joint-use buildings and other support facilities;

9. Matters regarding assistance with facilities, working funds and technology to occupant enterprises;

10. Other matters necessary for management of an agro-industrial complex.

Article 36 (Environmental Review)

(1) The head of a Si/Gun/Gu shall conduct an environmental review on a business entity expected to move into a rural area to prevent environmental pollution that is easily accompanied by the development of the rural industry, and allow occupancy only to be conducted by the relevant business entity: Provided, That where it is difficult for the head of a Si/Gun/Gu to make self-determination, such as whether the business entity is subject to the category of business prohibited

(2) Places of business which are not allowed to move into an agro-industrial complex shall be as follows. The same shall also apply to the extension after moving into an agro-industrial

1. A project the total amount of air pollutants generated in an area separately designated and publicly announced by the Minister of Environment is at least 20 tons;

(z) the place of business using clean fuels shall be excluded;