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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. The National Land Planning and Utilization Act was enacted on February 4, 2002 in order to prevent difficult development and build an environment-friendly national land utilization system through planned and systematic utilization of the national land by integrating the Act on the Utilization and Management of the National Land, which is subject to the Urban Planning Act and the Act on the Utilization and Management of the National Land, and the Act on the Utilization and Management of the National Land, which are subject to the application of urban areas, into the Act on the Utilization and Management of the National Land.
In order to achieve such legislative purpose, the former National Land Planning and Utilization Act (amended by Act No. 10977, Jul. 28, 2011; hereinafter “National Land Planning Act”) provides that the designation and alteration of a region related to urban planning conducted by the head of an administrative agency shall be subject to deliberation by the urban planning committee in regard to the designation and alteration of a district related to urban planning, the formulation and alteration of a basic urban planning plan and an urban management plan, and Article 59(1) of the same Act shall also require deliberation by the Central Urban Planning Committee or the local urban planning committee, in order to
Meanwhile, notwithstanding paragraph (1), Article 57 (1) of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 23502, Jan. 6, 2012; hereinafter “Enforcement Decree”) provides that development activities in an area where a district unit plan has been formulated, development activities subject to an environmental impact assessment under the Environmental Impact Assessment Act, and development activities subject to an examination on traffic impact analysis and improvement plans under the Urban Traffic Improvement Promotion Act do not undergo deliberation by the urban planning committee. Article 57 (1) of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 23502, Jan. 6, 20