1. Each electricity business (solar power generation) non-permission disposition against Plaintiff A and B on January 24, 2019 and March 5, 2019.

1. Details of the disposition;

A. On November 9, 2018, Plaintiff A and B filed an application for each of the electric business licenses (hereinafter “each of the instant applications”) with the Defendant on December 14, 2018, including the following [Attachment].

Plaintiff

The installation of 380V facility capacity of 297.84KW from the date fixed-type permission is granted in 12 months from the date fixed-type permission is granted in the case of installation of 380V facility capacity: G, H, I, and J building supply voltage within the new Cheongnam-gun prior to solar power generation: 12 months from the date fixed-type permission is granted in the case of installation of 380V facility capacity: G, H, I, and J building supply voltage: 380V facility capacity: 36 months from the date fixed-type permission is granted in the case of installation of 12 months from the date fixed-type permission is granted.

B. On January 24, 2019, the Defendant rejected each of the instant applications against Plaintiff A and B on March 5, 2019 against Plaintiff C on the following grounds (hereinafter “each of the instant dispositions”).

According to Article 7 of the Electric Utility Act and Article 7 of the Enforcement Rule of the same Act, the construction plan and operation plan of electric installations can be implemented in a concrete and feasible manner, and the site for the execution of the electric works can be secured according to the plan. However, according to Article 18(3) of the Jindo Ordinance of the Ministry of Education, there is no permission to permit the development of solar power infrastructure, located within the distance limitation such as roads and residential areas.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Article 18(3) of the former Jindo-do Ordinance on the Gun Plan of Jindo-do (wholly amended by Ordinance No. 2390, Sept. 25, 2019 and enforced on the same day) (hereinafter “instant ordinance provision”) is related to permission for development activities, and thus, each of the instant dispositions against the Plaintiffs’ refusal to file an application for permission for the permission for each electric utility business based thereon is unlawful.

B. The instant municipal ordinance provisions are stipulated.