1. On December 27, 2016, the Defendant rendered non-permission regarding the Defendant’s application for electric utility (solar power generation) license against the Plaintiff.

1. Details of the disposition;

A. On October 31, 2016, the Plaintiff: (a) filed an application with the Defendant for electric utility business license to install solar power infrastructure (hereinafter “instant application”) with respect to the facility capacity of 900km and daily power generation capacity of 3,738.4km among the total land of 13,824 square meters in Yong-Gun B and C (hereinafter “instant application site”); (b) on October 31, 2016, the Plaintiff filed an application for electric utility business license (hereinafter “instant application”).

B. On December 27, 2016, as a result of the review by relevant statutes and relevant agencies, the Defendant issued a notification that permission for the instant application is non-permission for the electrical business (so-called “instant disposition”) with the following major grounds as to the instant application (hereinafter “instant disposition”).

In accordance with Article 7 of the Electric Utility Act, Article 4 (Standards for Permission for Electric Utility Business), Article 4 (Standards for Permission for Electric Utility Business), Article 4 of the Enforcement Decree of the same Act, and Article 4 (Guidelines for Permission for Electric Utility Business) of the same Act - There shall be no conflict with the relevant individual laws, and in particular, the place where the application for permission for the electric utility business, which is possible to be permitted to engage in development activities, is unlawfully converted into a mountainous district in conflict with the Mountainous Districts Management Act, and is in violation of the provisions of Article 6 (1) 1 (not located within 10 meters from the main road) and Article 6 (1) 2 (not located within 500 meters from the densely concentrated residential area) of the Guidelines for Operation of Permission for Development Activities of Mine-gun (not located within 10 days from the densely concentrated residential area) and therefore, the non-permission of the electric utility business shall not be disputed, and the purport of the entire arguments as

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) As the graves located in the instant application were dissipated before the enforcement of the Mountainous Districts Management Act, they do not constitute an act of converting a mountainous district under the Mountainous Districts Management Act. In addition, the Defendant asserted that the Plaintiff opened part of the said graves from 2015 to 2016, but the Plaintiff did not have opened the said graves. However, Article 7(3) of the Enforcement Rule of the Electric Utility Act provides detailed criteria for the examination of whether the said graves can be performed as planned.