1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Details of the disposition

Under Article 2 subparag. 6 of the Protection of Military Bases and Installations Act (hereinafter “Military Bases Act”), military bases and installation protection zones are divided into “control protection zones” and “restricted protection zones.” Restricted protection zones are “area necessary for the smooth conduct of military operations and areas requiring the protection of military bases and installations, or the safety of local residents.”

Plaintiff

Article 5 subparag. 2(c) of the Military Bases Act is located near the land owned by the owner of the land B (hereinafter “the instant land”), as military airfield and ammunition are located. The instant land is located near the instant land.

Restricted protection zones related to explosives prescribed in the items (within 1 km from the outermost boundary of explosives-related facilities).

According to Article 13 (1) 1 of the Military Bases Act, when the head of a related administrative agency intends to grant permission on "new construction or extension of buildings, construction of structures, and alteration of use of buildings" in restricted protection zones, he/she shall consult with the Minister of National Defense or the commander of the jurisdictional unit, etc. (the commander of the jurisdictional unit, etc. refers to the commander of the jurisdictional unit or the commander of the jurisdictional unit, etc. who is in combination with the Minister of National Defense or the commander of the jurisdictional unit, etc., who is the commander of the jurisdictional unit

The Plaintiff filed an application with the Defendant for a building permit for the new construction of a parking lot repair shop on October 6, 2008, the new construction of a parking lot management office on November 17, 2009, the new construction of automobile-related facilities on November 16, 2010, and the new construction of an agricultural machinery repair shop on June 19, 2012. The Defendant requested consultation with the head of the Air Force C&A (hereinafter referred to as the “head of the Air Force”) who is the commander of the jurisdictional unit, pursuant to Article 13(1)1 of the Military Bases Act and Article 7(1) of the Enforcement Decree of the Military Bases Act.