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(영문) 대구고등법원 2015.09.25 2015누4106
태양광발전설비사용전검사필증에 대한 무효통지처분 확인 등
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiffs Korea Electrical Safety Corporation.

Reasons

1. Details of the disposition;

A. The Plaintiffs are operating the business place for the power generation of new and renewable energy (hereinafter “instant power plant”) in Gyeongcheon-gun, Gyeongcheon-gun, E, and F, and Defendant Korea Electrical Safety Corporation is delegated by the Minister of Knowledge Economy with the inspection of electric installations.

B. On February 16, 2009, after obtaining a license for the electricity generation business from the Standing Governor, the Plaintiffs applied for confirmation of the annual base price applicable facilities to the New and Renewable Energy Center (hereinafter “New and Renewable Energy Center”). On May 19, 2009, the new and renewable energy center issued a confirmation of the annual standard price applicable facilities to the Plaintiffs. The said confirmation of the appointment was confirmed that the instant power plant was selected as the target facilities of annual base price in 2009 in accordance with the guidelines on the base price of the power generated from the use of new and renewable energy publicly notified by the Ministry of Knowledge Economy, and the said confirmation stated that the annual standard price applicable facilities shall be cancelled if the application for confirmation of the installation of the power generation fuel support facilities was not filed from May 19, 2009 to August 18, 2009.

C. On August 14, 2009, the Plaintiffs filed an application for pre-use inspection of the instant electric power plant with the Gyeongbuk Vice-Governor of the Defendant Korea Electrical Safety Corporation pursuant to Article 63 of the former Electric Utility Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same). G, which belongs to the Gyeongbuk Vice-Governor of the Defendant Korea Electrical Safety Corporation, conducted an inspection of the electric facilities of the instant electric power plant, and issued to the Plaintiffs a pre-use inspection certificate under the name of the Defendant Korea Electrical Safety Corporation (hereinafter referred to as “instant inspection certificate”).

The Plaintiffs filed an application with the new and renewable energy center to verify the installation of the base price of the power generation price support facility, along with the instant certificate of inspection, and on August 25, 2009, the new and renewable energy center provides power generation price support facilities.

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